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

Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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Page 1: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

Legal Protections for Chicago’s

Homeless

PILI Educational Seminar

The Law Project of the

Chicago Coalition for the Homeless

Page 2: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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.

Page 3: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

of that 116,042 (or 10,719) are Unaccompanied Homeless Youth(ages 14-24)

Homelessness in Chicago

A 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

Page 4: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

Homelessness in Illinois and Chicago

• In Illinois:

homeless

students enrolled during

the 2012-13 school year

(as of 6/15/13)

increase from

2008-09

• In Chicago:

- As of May 2014, there were identified homeless

students in CPS

increase between 2003 and 2013

Unaccompanied Homeless Youth in CPS (May

2014)

Page 5: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 6: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 7: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 8: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 9: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 10: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 11: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

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

Page 12: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

Mental Health and Substance Abuse

• Consenting to Treatment

• Commitment (voluntary and

involuntary)

– Minors

– Adults

• Outpatient Treatment

• Services Covered Under the ACA

Page 13: Legal Protections for Chicago’s Homeless · 2020. 5. 24. · of the Chicago Coalition for the Homeless Chicago Coalition for the Homeless (CCH) manages the only legal aid project

How to Get Involved

• CCH Associate Board

• Events

– Hopefest Saturday June 21st

– Scholarship Event June 26th

• Internships

• Pro Bono Opportunities