Legal Protections for Chicago’s Homeless PILI Educational Seminar The Law Project of the Chicago Coalition for the Homeless.

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Presentation transcript:

Legal Protections for Chicago’s Homeless PILI Educational Seminar The Law Project of the Chicago Coalition for the Homeless

The Law Project of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project in Illinois that is dedicated to serving people who are homeless or at risk of homelessness. We provide free civil legal services to help people secure access to schools, shelter or housing, jobs or services. Our four attorneys, including an Equal Justice Works Fellow and legal assistant, provide free legal assistance to homeless people and those at risk of homelessness, concentrating primarily on issues related to the education of homeless children and youth, or the legal needs of unaccompanied youth. The Law Project provides legal services to homeless and unaccompanied youth through its Youth Futures mobile legal aid clinic at various outreach sites In fiscal year 2013, 97% of our 289 clients were homeless students or youth.

Homelessness in Chicago A 2013 analysis by CCH shows 116,042 Chicagoans experienced homelessness during the course of the school year. 9.2% “Unaccompanied Youth” = youth experiencing homelessness without a parent or guardian

Homelessness in Illinois and Chicago

Homeless Youth A 2005 study found approximately 25,000 unaccompanied homeless youth in Illinois. University of Illinois Chicago/CCH Study, 2005 Approximately 550 beds statewide. Approximately 550,000 youth in the US experience homelessness each year. 380,000 are under 18 years old Approximately 20% identify as LGBTQ Only 50,000 receive services (90% service gap) National Alliance to End Homelessness

Educational Rights of Students Experiencing Homelessness Governed by the Federal McKinney-Vento Homeless Assistance Act (42 USC §11434) and the Illinois Education for Homeless Children Act (105 ILCS 45/1-1) “Homeless” – students who lack a fixed, regular and adequate nighttime residence, including: –Sharing the housing of other persons due to loss of housing, economic hardship or similar reason –Living in emergency or transitional shelters –Living in hotels, motels, trailer parks or camping grounds –Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings –Living in a primary residence not designed for or ordinarily used as a regular sleeping accommodation for human beings –Abandoned in hospitals or awaiting foster care placement –Migratory children in the above circumstances “Unaccompanied”: a youth not in the physical custody of a parent or guardian

Educational Rights of Students Experiencing Homelessness Immediate Enrollment Choice of School (at least 3 choices) Transportation Free School Meals School Fee Waivers Referrals for Community Resources Removal of Barriers

Civil Rights Homeless Bill of Rights –New Law in Illinois- enacted August 2013 Cook County Human Rights Ordinance Fair Housing Laws Zoning Restrictions/Special Use Permits

Challenges Facing Homeless Youth Legal barriers to accessing services/housing for minors Fear of DCFS/police involvement Challenges for LGBTQ Youth Higher rates of physical/sexual assault Higher rates of mental health issues Twice as likely to attempt suicide Lack of age appropriate services Safety/sensitivity in the adult shelter system Homeless services delivery system designed for adults/families Different help seeking behaviors Different needs

Legal Issues Education Criminal –Police Harassment –Sealing/Expunging Records –Tickets/Fines Employment Health Care Access to Public Benefits Sex/Labor Trafficking Family Law Immigration Domestic Violence LGBTQ Issues Discrimination Access to Identification Documents Housing Issues Consumer/Credit/Tax Issues

Health Care and Medical Rights Obtaining Health Insurance –Medicaid –ACA Marketplace –Employer –Parents Access to Care –Managed Care in IL –Heath Care Services –Illinois Redetermination Project –Consent to Health Care Medical Records Medical Debt/Charity Care Program Disability Issues Other Health Issues –Access to birth control –Abortion

Mental Health and Substance Abuse Consenting to Treatment Commitment (voluntary and involuntary) –Minors –Adults Outpatient Treatment Services Covered Under the ACA

How to Get Involved CCH Associate Board Events –Hopefest Saturday June 21 st –Scholarship Event June 26 th Internships Pro Bono Opportunities

s Patricia Nix-Hodes Beth Cunningham Graham Bowman