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 ChicagoA 2013 analysis by CCH shows

116,042 Chicagoans

experienced homelessness during the course of the 2012-2013 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

550,000youth

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 21st – Scholarship Event June 26th

• Internships

• Pro Bono Opportunities

Emails

• Patricia Nix-Hodes pnixhodes@yahoo.com

• Beth Cunningham beth@chicagohomeless.org

• Graham Bowman graham@chicagohomeless.org