Unaccompanied youth — definitions — access to supportive services — status documentation — immunity from liability, when.

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Effective - 28 Aug 2021

210.121. Unaccompanied youth — definitions — access to supportive services — status documentation — immunity from liability, when. — 1. As used in this section, the following terms mean:

(1) "Service provider", a public or private nonprofit organization that provides age-appropriate shelter or supportive services to unaccompanied youth and whose director or designee is a licensed mental health professional, licensed social worker, or licensed counselor;

(2) "Shelter", an emergency shelter, transitional living program, or independent living program services;

(3) "Supportive services", interventions, services, or resources necessary to assist an unaccompanied youth. Supportive services shall include, but are not limited to, the following:

(a) Food and access to an overnight shelter;

(b) Housing search, counseling, rental assistance, financial assistance with eviction prevention, utilities, security deposit, relocation, and other housing support services;

(c) Services for families to prevent separation and support reunification if safe and appropriate;

(d) Employment assistance, job training, and job placement;

(e) Assistance and advocacy to ensure access to federal, state, and local benefits;

(f) Assistance and advocacy to ensure access to education;

(g) Services to prevent and treat violence and crime victimization;

(h) Child care operations and vouchers;

(i) Legal services;

(j) Life skills training;

(k) Outpatient health, behavioral health, and substance abuse treatment services;

(l) Transportation;

(m) Outreach services; and

(n) Homelessness prevention services;

(4) "Unaccompanied youth", the same meaning as such term is defined in 42 U.S.C. Section 11434a(6).

2. An unaccompanied youth may access supportive services so long as the youth is verified as an unaccompanied youth as provided under subsection 3 of this section.

3. Acceptable documentation to verify the status of an unaccompanied youth shall include, but is not limited to, the following:

(1) A statement documenting the youth as an unaccompanied youth that is signed by a licensed mental health professional, licensed social worker, or licensed counselor of a government or nonprofit agency that receives public or private funding to provide services to homeless people and is currently licensed as a case management service provider;

(2) A statement documenting the youth as an unaccompanied youth that is signed by a local educational agency liaison for homeless children and youth designated under 42 U.S.C. Section 11432(g)(1)(J)(ii), or a school social worker or counselor; or

(3) A statement documenting that the youth is an unaccompanied youth that is signed by an attorney representing the youth in any legal matter.

4. A person who in good faith accepts a written statement under subdivision (1) of subsection 3 of this section and who is without actual knowledge that the statement is fraudulent or otherwise invalid may rely upon the statement as if it were genuine and shall not be held liable in any civil or criminal action for providing shelter or supportive services without having obtained permission from the minor's parent or guardian. The service provider shall not be relieved from liability for negligence or criminal acts on the basis of this section.

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(L. 2021 H.B. 432)


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