November 20, 2024

From Vulnerability to Stability: The Legal Path to Preventing Youth Homelessness

Lawyers may not be the first professionals who come to mind when we think of preventing and ending youth homelessness, but for young people at risk of or experiencing homelessness timely legal support can be life-changing.

Prevention Matters! session 7 sheds light on the crucial, often unseen role that legal professionals play in stabilizing young lives. Amanda Buchnea (Canadian Observatory on Homelessness) facilitated a robust conversation featuring Kelly Russo (American Bar Association), Gabriella C. McDonald (Texas Appleseed) and Claire Millgate (Justice for Children and Youth). Lydian Smith joined the conversation to share her perspective as a youth with lived experience. Together, they explored the unique ways legal professionals advocate for, support, and empower youth experiencing homelessness.

One Story: Lydian’s Journey to Stability

Lydian Smith came to Canada as a teenager with dreams of creating a stable life, but faced significant challenges: challenges in her home environment, difficulties with school registration,  and an uncertain immigration status contributed to her experience of housing instability. Claire Millgate stepped in to help her, supporting Lydian through an emancipation process so she could register for school at 16 without a guardian. Claire also collaborated with the Children’s Aid Society (CAS) to secure stable housing and ensured the institutions supporting Lydian complied with existing laws. After missing out on over 6 months of school, a single letter from Claire resolved Lydian’s school registration issue, highlighting the power of legal intervention.

Lydian appreciated Claire’s empowering approach, noting, “That particular experience with Claire was a testimony of what I’ve learned from working with her. Claire kind of stayed in the background… she was always there when I asked for help, but when I understood what I was doing, she let me do what I could.”

A pivotal moment in Lydian’s journey was challenging an eviction during the COVID-19 pandemic. Claire and Lydian recognized how systemic issues had contributed to this outcome, and escalating this case through various levels of court highlighted the need for a different precedent for housing services:

“You didn’t want this to happen to any other young person… that’s why we took that appeal through the courts.” – Claire Millgate, Justice for Children and Youth

Lydian’s journey demonstrates how legal advocacy can transform vulnerable lives and empower youth to take control of their futures. With Claire’s support, Lydian grew to advocate for herself, taking the lead when facing harassment from another tenant by navigating the court process mainly independently. This growth inspired her to pursue a career in social work to help other young people find the stability and support she once needed. Her story underscores the need for timely legal intervention, systemic advocacy, and policy reform to empower vulnerable youth and bring about lasting change.

Unexpected Legal Issues for Homeless Youth

During this discussion, the panelists highlighted the often-overlooked legal barriers faced by youth experiencing homelessness and how legal professionals can play a crucial role in stabilizing their lives. Kelly Russo emphasized that lawyers do more than just remove immediate barriers; they help young people connect to essential services that contribute to long-term stability. The Homeless Youth Legal Network plays a vital role by bridging the gaps between youth, lawyers, and resources.

A lot of the work that we do really is connecting lawyers with youth, and lawyers with other lawyers, to ensure that youth receive the legal services they need.” – Kelly Russo, American Bar Association

Gabriella McDonald, who leads systemic advocacy at Texas Appleseed, explained how punitive approaches, like expulsions and suspensions in schools, often intersect with youth homelessness. In Texas, her team observed, as detailed in the report Young, Alone, and Homeless in the Lone Star State, that many youth experiencing homelessness were being sent to adult criminal court simply for missing school—a situation exacerbated by their homelessness:

If you’re suspending somebody who doesn’t have a place to go to, or expelling them, where are they going during the day? And then that exposes them to more judicial and criminal involvement, which then creates more problems for somebody to get access to housing because they have a criminal record. And when you stack all of that together, that becomes a problem.” – Gabriella McDonald, Texas Appleseed.

Claire Millgate also highlighted the importance of a systemic understanding of legal rights. Pointing to Lydian’s story, in which a misunderstanding by the school board kept her out of school, she explained that key players in our systems often create barriers for youth because of their misunderstandings of the law.

As the panelists explained, these legal challenges and interactions between various systems create a vicious cycle that keeps youth at risk.

Legal Challenges Keeping Youth at Risk

System interactions, legal barriers, and age-specific challenges often contribute to youth homelessness. Gabriella McDonald highlighted that interactions with child welfare, juvenile justice, and education systems frequently put youth in vulnerable positions. She emphasized the need for better planning for youth transitioning out of these systems, focusing on housing, employment, and re-enrollment in school.

Kelly Russo further elaborated on the unique challenges minors face, especially those without a guardian, such as the inability to sign contracts or access medical care without consent. Kelly believes that addressing these barriers requires both individual legal advocacy and systemic reforms to ensure youth can meet their basic needs.

Claire Millgate also noted that young people’s legal challenges change as they age. At ages 16 or 17, accessing education, identification, and income support are especially critical as youth begin to live independently. Lydian’s story exemplifies this, demonstrating youth’s evolving challenges as they lose eligibility for certain services while transitioning into adulthood.

As discussed later in the session, preventing youth from falling through these systemic gaps requires proactive, upstream support.

Upstream Support by Legal Professionals

During the session, the panellists shared their insights on how prevention can begin before issues worsen.

Kelly Russo emphasized the need to involve young people directly in discussions about what they need. Collaborating with educators, service providers, and at-risk youth helps create effective solutions and policy changes that truly make a difference. Claire Millgate added that educating young people about their rights empowers them to advocate for themselves, preventing issues from escalating. Gabriella McDonald added to this idea by highlighting the importance of removing bureaucratic barriers, such as difficulties in obtaining IDs, which can prevent youth from securing jobs or housing. She stressed the need for creative solutions to ensure these barriers do not hinder young people’s progress. This upstream work is crucial because addressing these barriers at an early stage can prevent youth from experiencing homelessness in the first place.

System Changes for Long-Term Stability

To move beyond immediate crisis intervention, the panelists explored the systemic changes needed to achieve lasting stability for vulnerable youth.

Gabriella McDonald pointed out that any long-term solution requires clear policy and systemic support, such as ensuring consistent enforcement of laws and addressing gaps in funding for youth services. A holistic approach—covering essential needs like stable housing, identification, and access to supportive services—is vital. Gabriella emphasized that simple interventions like helping with utility bills or providing groceries can often prevent young people from losing their housing.

Claire Millgate stressed the importance of making legal resources accessible for those who might not have a lawyer readily available. Building networks of trusted legal experts and educating community workers to identify when legal support is needed are critical to making legal resources more accessible. Kelly Russo added that collaboration among stakeholders—educators and shelter providers—is crucial. She also highlighted the importance of nationwide resources, like the Homeless Youth Legal Network’s directory, which connects youth to available legal services in the United States.

Global Collaboration to Prevent Youth Homelessness

Addressing systemic challenges within individual countries is vital, but youth homelessness is a worldwide issue that requires international collaboration to find effective solutions.

Amanda Buchnea highlighted the importance of global connectivity in tackling youth homelessness. To further this effort, the Homeless Youth Legal Network has developed a survey to gather data on legal services available to homeless youth globally. This initiative aims to map these services, link resources, and expand the reach of legal support worldwide. Amanda stressed the need for international participation to build a comprehensive network of services, as the more knowledge we have, the more impactful our efforts will be.

Conclusion: Legal Advocacy’s Impact

A key takeaway from this session is that legal professionals play a critical role in preventing youth homelessness—not just as advocates but as partners in young people’s lives that help them to create stability. Whether it’s navigating complex immigration issues, understanding tenant rights, or advocating in court, lawyers are crucial allies for youth at risk of experiencing homelessness. Although much progress remains to be made, especially at the policy level, involving lawyers in these efforts can drive meaningful, systemic change.

Your voice can make a difference. Contribute to this survey to help the Homeless Youth Legal Network map and expand legal services for homeless youth worldwide. Fill out the survey to get connected and join a global movement creating change for youth experiencing homelessness.

Interested in more diverse perspectives on homelessness prevention? Learn more about Prevention Matters! on the COH website.


 

This session is part of our Making the Shift collective body of work on youth homelessness.

The Toronto Centre of Excellence (TCE) on Youth Homelessness Prevention at York University is a UN Geneva Charter Centre at York University led in partnership between the Canadian Observatory on Homelessness, A Way Home Canada and our Making the Shift Youth Homelessness Innovation Lab.

Disclaimer
The analysis and interpretations contained in these blog posts are those of the individual contributors and do not necessarily represent the views of the Canadian Observatory on Homelessness.