Ethical Considerations in Working With Unaccompanied and Homeless Youth

Ethical Considerations in Working With Unaccompanied and Homeless Youth

Ethical Considerations for Working with Unaccompanied and Homeless Youth AGENDA Definitions Identify unaccompanied youth needs and challenging situations Identify common ethical issues when working with homeless unaccompanied youth • Identify common ethical standards Identify possible solutions & application of ethical practice

Are unaccompanied students homeless? Unaccompanied: students not with a parent or legal guardian If they meet the same criteria for homelessness as other Students Often doubled-up, “couch surfing”

Definition of Homeless Youth? Must meet the McKinney-Vento definition of homeless: Children and youth who lack a fixed, regular, and adequate nighttime residence: • Doubled up -sharing the housing of others due to loss of housing, economic hardship, or similar reason, “couch surfing” • Living in motels, hotels, trailer parks, camping grounds due to lack of adequate alternative accommodations • Living in emergency or transitional shelters • Abandoned in hospitals • Awaiting foster care placement • Living in a public or private place not designed for humans to live • Living in cars, parks, abandoned buildings, bus or train stations, etc. • Migratory children living in above circumstances • Children of deployed military whose “plan” breaks down

Who Are Homeless Unaccompanied Youth? • Must notbe in the physical custody of a parent or legal guardian • Is there an age limit on serving homeless secondary students? MV applies to all school-aged youth (as defined by state law); typically states allow youth to attend school up to the age of 21 – in Texas this has been extended to age 26 in certain circumstances TEA defines unaccompanied as under age 21 on September 1 of the school year – How does your state define unaccompanied for educational purposes?

Runaway YOUTH ARE HOMELESS Runaway, pushed out, and unaccompanied youth are a growing proportion of children in homeless situations They often know what they are running from, but have no realistic idea of what they are running to. These youth are vulnerable to exploitation

Why are Youth Homeless on Their Own? • Over half of callers to Runaway Hotline report being physically abused at home; over one-third report sexual abuse; over two-thirds report that at least one of their parents abuses drugs or alcohol • Other youth are thrown out of their homes because they are pregnant, gay or lesbian, or because their parents believe they are old enough to take care of themselves • Some children and youth are abandoned by their parents, or are on their own due to death of parents • Some children and youth are in unstable living situations due to parental incarceration, illness, or hospitalization

Why are Youth Homeless on Their Own? • Over half of youth living in shelters report that their parents either told them to leave, or knew they were leaving and did not care • Some youth become homeless with their families, but, due to lack of space in doubled-up or motel situations, end up homeless on their own • Natural disasters cause youth to be separated from family during their homelessness • Aging out of foster care into homelessness; running away from foster care placements due to abuse in the foster home, or to reconnect with siblings and family

Impact of Homelessness on UHY • Higher rates of acute and chronic illness, depression and anxiety; experiences of trauma and loss • For unaccompanied youth, lack of support from any caring adult leads to faulty decision making • Unaccompanied youth are frequently victimized. As many as half have been assaulted or robbed; one in ten runaways reports being raped – likely a low report • According to the National Runaway Switchboard, 5,000 unaccompanied youth die each year from assault, illness, or suicide • Perform lower on academic assessments • 50% of homeless youth & 75% of unaccompanied homeless youth do not graduate

Signs of Homelessness • Tired, sleeping in class, lack of energy • Poor hygiene • Wear the same clothes day after day • Inability to concentrate • Doesn’t turn in homework assignments • Doesn’t complete special projects • Is frequently tardy or absent • Comes to class “unprepared” • Change in behavior • Is angry, hostile, anxious • Is secretive, afraid to share information • Moves around a lot • Grades fall off, gaps in learning

Barriers to Education • High mobility: 41% will attend at least two different schools; 28% will attend three or more • Unaccompanied youth: lack of a parent or guardian to sign forms • Lack of school records and other paperwork • Lack of transportation • Lack of school supplies, clothing • Credit accrual policies, attendance policies • Low expectations by family, school • Lack of stable housing • Emotional crisis / mental health issues • Employment - need to balance school and work • Fatigue, poor health, hunger • Concerns about being captured by authorities

RECAP MV: Must schools enroll children and youth in school if there is no proof of guardianship? Yes. • Lack of guardianship papers cannot delay or prevent enrollment. Enrolled is defined as attending and fully participating. School districts may establish their own policies to meet this mandate. • HOWEVER… • Schools/districts cannot require individuals/caretakers to obtain guardianship of youth after enrollment, or within a specified number of days, in order for youth to remain enrolled and attending. How does your state/district handle this?

RECAP: Must schools enroll children and youth in school if there is no proof of residence? Yes. • Lack of proof of residence cannot delay or prevent enrollment. School districts may establish their own policies to meet this mandate. • HOWEVER… • Schools/districts cannot require proof of residency from those in homeless situations. • Cannot require dual residency affidavits • How does your state/district handle these “proofs”

RECAP: Must schools enroll children and youth in school without previous school records? Yes. • Lack of school records cannot delay or prevent enrollment. The enrolling school district must send to the previous district for the records. • And… • The previous district has 10 days in which to send the records. If the student has not been withdrawn previously, he/she is to be withdrawn from the previous district when they receive this request for records – how does your state/district handle this?

RECAP: Must schools enroll children and youth in school without immunizations or immunization records? Yes. • Lack of immunizations or immunization records cannot delay or prevent enrollment of students in homeless situations. The enrolling school district must send to the previous district for the records. Immunization records should be sent with the other school records, but must be presented within 30 days. • or… • If the student does not have his/or her immunizations, the Homeless Liaison must make arrangements for the student to begin them within 30 days. How does your state/district handle this?

What obligation does a school have to help unaccompanied youth make up lost credits? • Many youth lose credits due to mobility and absences—consequences of homelessness • McKinney-Vento requires that schools and districts remove barriers to enrollment and retention and provide academic support—LEA policies should be revised • Youth should be provided academic support through tutoring, programs with cooperating universities, or online courses, for example; appropriate use of Title I set aside funds

Who can make decisions for an unaccompanied youth regarding participation in extra curricular activities, field trips, etc.? • States and school districts have implemented a variety of policies and procedures • Youth make decisions on their own • Local liaison makes decisions • Caregiver forms allow other adults to make decisions – act in the role of a parent • Schools assign a surrogate

Unaccompanied Youth Are Often Homeless Too What are some of your biggest challenges when working with Unaccompanied Homeless Youth? What are some ethical issues you encounter?

What Ethical Considerations might arise when assisting • UHY to access the various services within your district? • Within the community?

Common Ethical Issues When Working with UHY Consent? Confidentiality? Who is the client?

Common Ethical Issues When Working with UHY Record keeping & documentation Boundaries Trust building Leaving youth in unsafe situations

Ethical Practices & Concerns Allowing youth self determination Addressing unsafe behavior Contacting parent or guardian

Ethical Practices & Concerns Sharing information with schools, CPS, other service providers Maintaining boundaries and trust building Meeting in Non-traditional settings

Ben and CherryWhat are the barriers cited by the youth in this video?What are some of the ethical considerations when working with the youth in this video?

Common situations that have ethical implications when working with youth Meeting with youth in “non-traditional” settings Mistaking friendship for appropriate trust building Keeping Confidentiality – to whom to tell what? When the youth says “Don’t tell anyone.” Reporting abuse and neglect – concerns for youth safety Reporting runaway – concerns for youth safety Addressing risky behaviors – if you do, will they leave? Giving Money, taking kids home, leaving youth in unsafe setting Failing to report or to act on information shared Dealing with “I only trust you” with certain information Is adolescence synonymous with “borderline personality?”

Common ethical principles when working with youth • Dissonance: when your values differ from those of your client, your agency, your professional licensure, society at large. Example: abortion, HIV services, GLBT, etc. • Confidentiality: issues with confidentiality that can particularly occur within residential, street, and home-based settings - who should be present when a home visit is occurring? What happens when other residents overhear information about a particular client? How do different agencies safeguard against this? Who needs to know which information? • Referral: how to access other services for a client, without sharing confidential information? How to know when to access a referral, and how much information to share? • Boundaries: are frequent issues within residential, community, and home- based settings, and when working with unaccompanied youth.

Common ethical principles when working with youth • Agency or professional policies and/orpractices that are particularly helpful in addressing ethics conflicts. • Do no harm – Understandingcompetencies: What tells social workers that they are working beyond their competence? • Dual Relationships – business, social, relative, friends, etc. • Language – What workers see and what they say frames the work for possibilities or barriers; labels, or enables the client. • Informed consent – self consent for unaccompanied youth? At what age? • Crisis work – what happens when you are in crisis mode? Does “business as usual” go out the door and what does this mean for ethical • When are practitioners crossing ethical lines? When are boundaries fluid and when are they rigid? What information is too much to share, and what is not enough? Who does the youth worker look to for guidance in making ethical decisions in his/her work? How do crisis situations challenge ethical standards? Reporting, trust loss if you do; when safety and rapport building seem to be at odds.

Unaccompanied Youth—Key Provisions • Liaisons must help unaccompanied youth choose and enroll in a school, after considering the youth’s wishes, and inform the youth of his or her appeal rights – school of origin is the first consideration • School personnel must be made aware of the specific needs of runaway and homeless youth.

What about discipline and a homeless student? Generally students in homeless situations must follow the same rules of behavior as all other students, but If discipline action was taken against a youth for reasons related to homelessness (for example, excessive absences caused by homelessness), the youth must not be penalized or denied enrollment and the policy should be revised

Do schools have to contact the police when enrolling unaccompanied youth? • State law determines the obligation of a school liaison or service provider to alert other agencies about unaccompanied youth • Most state laws that address this issue (including Texas) permit, but do not require, schools to report unaccompanied youth; many laws also give schools the option to contact social services instead of the police • The school district should work with police and social services regarding mandatory reporting to ensure that care is exercised to keep a youth in school and serve his/her best interest

How does your district or organization handle: • Lack of parental signature for field trips, playing sports, other activities, services? • Who goes on the contact form? • Who receives school notices & reports? • Who gets called in case of illness, a behavior issue, or an emergency? • Who is held accountable for poor school attendance? • Who requests and attends an ARD?

What about school liability or parental disapproval? Liability is based on the concept of negligence, or a failure to exercise reasonable care — following federal law and providing appropriate services are evidence of reasonable care School districts must follow MV and state laws

Can unaccompanied youth consent to their own medical treatment? • Generally, only persons age 18 and over can consent to their own medical, dental, and health care; minors need consent of a parent or guardian – state laws vary • The Texas Family Code gives youth 16 or older who are independent of parents the right to consent to their own medical treatment. • Texas Students of any age can access certain health and mental health services under certain circumstances, i.e., in cases of abuse

Situations/Dilemmas Work as a group: Identify the youth’s needs, Identify the challenges in meeting those needs Identify resources Identify the: ethical principles ethical issues or concerns ethical practices

Scenario One: Jeremy Jeremy, 15, recently showed up with his friend, Billy, at Vento High School, where you are the Principal. He explained to you that he was staying with Billy for awhile, and wanted to go to this school instead of the school he was attending, McKinney High, which is in a different district. After some pressing, he explained that he had been kicked out of his home by his mom and stepfather. He said they knew where he was and “didn’t care.”

Jeremy • Is Jeremy “homeless” under McKinney- Vento? Why or Why not? • What school(s) is Jeremy eligible to attend? • How does the McKinney-Vento Act pertain to this situation? What services is Jeremy eligible for? • Is there any responsibility in district policy or state or federal law to report Jeremy’s whereabouts? • To whom are you supposed to report him and when? • Does it make a difference if he tells you his mom hits him? • What would be your responsibility if Jeremy’s parents contacted you and told you that he had left home without permission?

Jeremy • What if Jeremy’s parents say they have reported him as a runaway, and they want him home? They ask you not to enroll him? How would you handle this? • How would you code Jeremy in PEIMS? If his parents do not want him identified as homeless would you then not code him, or change his code? • What if he was staying with a friend without the friend’s parental permission? • What would you do to support this young person? What strategies would you use and what resources would tap? • How would you work with your district to create the changes that are needed so situations like this can be responded to appropriately for all students who experience them?

Scenario Two: Antwan Antwan is a 14 year old first time 9th grader who has attended school for most of his life in the largest urban school district in the city (district of origin). He has been served in Special Education classrooms and has an IEP that just expired. His mother, legal guardian, has a significant history of drug abuse and has been missing for most of the summer. Antwan resided with various family members throughout the summer, and two weeks into the new school year finally ends up with a family member, Aunt, who seems willing to provide some stability. She resides in a bordering district (district of residence).

Scenario Two: Antwan She has attempted to enroll Antwan in the 9th grade at the local high school but has been denied due to lack of custody. Aunt does not know where Antwan’s legal guardian, Mother, is at this time and no other family members have had contact with her for weeks. Aunt is not sure if she is willing, or able, to take custody of Antwan at this time, but wants him to attend school. She has been told by the district in which she resides that she will have to file for custody of Antwan before they will enroll him in school and show them paperwork with a court date. They have also indicated that she will need to have an updated IEP before Antwan can actually begin attending school.

Scenario Two Antwan • Is Antwan “homeless” under McKinney- Vento? Why or Why not? • Which school is Antwan eligible to attend? • How does the McKinney-Vento Act pertain to this situation? • What services is Antwan eligible for? • What IDEA provisions apply to Antwan’s situation? • Can the school require the Aunt to get legal guardianship? • What might be the impediments to the Aunt being able to get guardianship? • Are there any kinship services that might be available to the aunt?

Scenario Two: Antwan • Would you need to report the situation if Antwan tells you his mother was abusive, even though he is safe with his non-abusive aunt now? • What would be your responsibility if Antwan’s mother contacted you and told you that she had not given permission for Antwan to live with his aunt? • What would you do to support this young person? What strategies would you use and what resources would you tap? • How would you work with your district to create the changes that are needed so situations like this can be responded to appropriately for all students who experience them?

Scenario 3: Tina Alice has a friend, Judy, who has been keeping her granddaughter, Tina, age 15, while her son is incarcerated. Alice’s friend has a medical issue requiring her hospitalization. Judy asks Alice to take the child in while she is hospitalized. Alice takes the child to the high school near her home to enroll her. The registrar tells Alice she will have to return when the Administrator is there to fill out the “homeless” paperwork. She gives Alice a guardianship form to get her friend’s son to sign. It also has to be notarized. Alice explains that her friend’s son is incarcerated some distance away. Alice cannot go get his signature. She cannot take off work to come in another day to sign paperwork.

Scenario 3: Tina The registrar tells her Alice she has no choice she will simply have to return in three days to meet with the administrator. Alice calls three days later only to find that the administrator is not expected in that day, and the receptionist doesn’t know for sure when he will be in. She tells Alice to call daily, and reasserts that only this administrator can do the paperwork with Alice. She also inquires as to whether Alice has gotten the guardianship paper signed by her son. Is Tina MV eligible? Is Tina Unaccompanied? What barriers can you identify in this situation? How should they be remedied?

Scenario Four: Miranda Miranda, who is 17 years old, arrives at Oak High School in early November seeking to enroll in school. She informs you, the school district homeless liaison, that she left home four months ago because she just couldn’t stay there anymore. She is reluctant to share any other information about why she no longer wants to live with her mother, who is her custodial parent. She informs you that her father died 5 years ago.

Scenario 4 : Miranda Miranda has been sleeping on the couch of a friend who resides in your district and within the attendance zone of Oak High School. Before Miranda’s name reached your desk, the registrar called her mother who informed the school that Miranda could come home anytime she wants. However, the mother didn’t really seem to care if Miranda lived at home or not—she doesn’t really plan to do anything about the fact that Miranda left. Miranda is steadfast about not going home and about enrolling in Oak High.

Scenario 4: Miranda She only needs two more semesters of credit to graduate. Unfortunately, she has barely attended classes since the school year began two months ago. She says she intended to continue in her school of origin, but she was unaware of her McKinney-Vento rights and thought she had to use public transportation to get there. Somehow she just never had the money so was only present for 7 days this semester.

Ethical Considerations in Working With Unaccompanied and Homeless Youth