On September 27, 2013, the U.S. District Court preliminarily approved a proposed settlement agreement in T.R. v. Quigley regarding in-home and community-based services to children in Washington who receive Medicaid.
Compelling expose in the Huffington Post on the horrific conditions and abuses in for-profit juvenile justice facilities in Florida and how authorities often look the other way. The article also talks about the rise in for-profit juvenile facilities nationwide.
Governor Brown Signs NCYL Co-Sponsored Bill to Close Insurance Loophole
Governor Jerry Brown today signed into law California Senate Bill 138, closing a longstanding loophole in insurance confidentiality law. Co-sponsored by the National Center for Youth Law, SB 138 will require that insurers take steps to protect the confidentiality of an insured individual's medical information for purposes of sensitive services or if disclosure will endanger an individual.
Governor Brown issued the following statement upon signing: “While extreme radicals in Washington shut down our government, here in California we’re taking action to extend decent health care to millions of families."
Look for an in-depth analysis of 138 in the next issue of Youth Law News.
National Academies Release Commercial Sexual Exploitation and Trafficking Report and Video
The Institute of Medicine and the National Research Council recently released Confronting Commercial Sexual Exploitation and Sex Trafficking of Minors in the United States. The report from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) examines current approaches to addressing commercial sexual exploitation and sex trafficking of children, identifies causes and consequences for victims and offenders, and highlights recommendations to prevent, identify, and respond to these crimes. An online video accompanied the public release of the report.
SB 138 Poised to Close Insurance Privacy Loophole
A longstanding loophole in insurance confidentiality law means individuals enrolled on another person's health insurance can have their private health information disclosed to the insurance policy holder without their consent or knowledge. This leads to foregone and delayed care, particularly when insured dependents need "sensitive" services such as mental or reproductive health care or services in response to assault or abuse. The problem impacts adolescents as well as young adults under 26 enrolled on a parent's health plan and adults insured on a partner's health insurance policy.
California Senate Bill 138, co-sponsored by NCYL, will close this confidentiality loophole and ensure all people feel safe using their insurance to obtain necessary health care. SB 138 just cleared the California legislature and now awaits signature by California Governor Jerry Brown. Check out the video below put together by Choice USA.
A joint brief published this week by the National Center for Youth Law and the California Department of Education, summarizes a collaborative project that brought together local leaders, policy experts, and stakeholders in California who are focused on improving the educational outcomes of foster youth in the state. The goal of the collaboration was to identify types of data needed to support the educational success of students in foster care; the types of people who could support educational success if given access to such data; and the general categories of data each type of user would need to support the educational success of California’s foster youth.
The brief outlines 17 critical core data areas, as well as four major types of users who have a role in supporting the educational success of children in foster care. In addition, the report recommends next steps aimed at carrying on the work of the collaborative.
Attorneys in a class action lawsuit representing thousands of young people in the State of Washington who use Medicaid insurance and need mental health services, filed a proposed settlement agreement this week that outlines a plan to deliver intensive in-home treatment to youth. The plaintiffs were represented by attorneys from the National Center for Youth Law, Disability Rights Washington, National Health Law Program, and the Young Minds Advocacy Project, as well as the law firm of Perkins Coie.
Director John O’Toole Talks About the National Center for Youth Law
NCYL just launched a new three-minute video in partnership with the Giving Library. The video features NCYL Director John O’Toole talking about the work we do at the National Center for Youth Law to improve the lives of low-income children. The Giving Library, established by Laura and John Arnold, features video of leaders from nonprofit organizations across the country talking about their organization’s mission, objectives, and needs. You can view NCYL’s video below, and please feel free to share it with friends and colleagues.
NCYL Joins Civil Rights Leaders in Letter to Gov. Jerry Brown
The National Center for Youth Law joins many civil rights leaders in signing a letter urging California Governor Jerry Brown to sign AB 420 into law. California schools currently issue more suspensions—more than 700,000—than diplomas each year. This is a shocking fact, because two decades of research has shown that out-of-school suspension as a punishment is educationally unsound for those students most likely to be suspended. One out-of-school suspension can make it:
5 times more likely that a student will drop out of school
Nearly 3 times more likely that a student will end up in the juvenile justice system within a year, as compared to similar students
Our state education code is causing the problem. One section, 48900(k), a.k.a. “willful defiance,” is the most serious grounds for nearly half of all suspensions, yet it is so subjective and vague that it is being applied disproportionately and disparately to students of color and students with disabilities.
AB 420 limits such suspensions in elementary school, where the state’s youngest children need extra chances and support; it also revises the definition of willful defiance so that it is more objective; and finally it focuses attention on alternatives.
After spending more than half her life behind bars for a crime she committed at the age of 16, Sara Kruzan has been tentatively granted parole and may soon be going home.
Now 35 years old, Sara was originally sentenced to life in prison without parole when, after years of sexual, physical and mental abuse, she shot and killed her pimp. In early 2011, outgoing California Governor Schwarzenegger, in response to pressure from a wide swath of groups, including the National Center for Youth Law, reduced Sara’s sentence to 25 years to life, allowing for the possibility of parole.
Sara’s sentence was again reduced in January of this year to 19 years to life when her conviction was reduced from first-degree to second-degree murder, making her eligible for parole now. While her release is all but assured, the full state Parole Board and governor’s office both could reverse the decision, though attorneys involved in the case think that unlikely.
The budget bill passed today by California's legislature would make it the first state to hold schools and school districts accountable for the educational outcomes of foster children.
The No Child Left Behind act requires states to evaluate schools and school districts based on the progress of different subgroups of children, including students of color, students with disabilities, and students who primarily speak a language other than English. California’s budget bill adds foster youth to this list, creating an incentive for schools to focus on the educational progress of the approximately 42,000 school-age foster children in California.
Students in Dallas County truancy courts are being denied their constitutional rights, handcuffed and arrested for missing school, and subjected to substantial fines, according to a complaint filed June 12, 2013 with the U.S. Department of Justice on behalf of seven Dallas area students.
Attorneys with the National Center for Youth Law, Texas Appleseed and Disability Rights Texas serve as legal counsel to the Complainants.
California Child Welfare Council Approves Project Plan to Combat Sex Trafficking in California
June 5, 2013 — Kate Walker, attorney and Equal Justice Works Fellow at the National Center for Youth Law and Judge Stacy Boulware Eurie, Presiding Judge of Juvenile Court in Sacramento, presented a project plan to the California Child Welfare Council, outlining the strategy to combat the growing problem of sex trafficking of California's youth. The project plan provides guidance on implementing recommendations contained in the report Walker wrote entitled "Ending the Commercial Sexual Explotiation of Children: A Call for Multi-System Collaboration in California." The Council unanimously approved the project plan and adopted the recommendations. As a result, the CSEC Action Team will be formed and co-chaired by the CSEC Action Team, co-chaired by Secreatary of Helath and Human Services, Diana Dooley, and co-chaired by Secretary of Health and Human Services, Diana Dooley, and Executive Director of the Children's Law Center of California, Leslie Heimov. A segment featuring Walker was aired on NPR's California Report.
February 28, 2013 — Today the National Center for Youth Law released a new report, "Ending Commercial Sexual Exploitation of Children: A Call for Multi-System Collaboration in California." Worldwide, human trafficking is a $32 billion industry, involving 100,000 children in the U.S. The FBI has determined that three of the nation's thirteen High Intensity Child Prostitution areas are located in California. Studies estimate that between 50 and 80 percent of commercially sexually exploited children (CSEC) are or were formally involved with the child welfare system.
March 1, 2013, the Stuart Foundation released a report entitled, "At Greater Risk, California Foster Youth and the Path from High School to College," that provides compelling data establishing that California children and youth in foster care need intensive and tailored services to support their educational goals. The data makes a strong case to require state and local agencies to count foster youth when allocation needed services, an issue currently under consideration by the legislature with the elimination of Foster Youth Services under Governor Brown's new education plan.
February 22, 2013 - The National Center for Youth Law, together with Santa Cruz County Human Services Department, Santa Cruz County Office of Education, and the Superior Court of California, County of Santa Cruz, Juvenile Division, launched FosterEd: Santa Cruz County today.
The project, part of the national FosterEd Initiative (www.Foster-Ed.org), will improve the educational outcomes of the hundreds of school-age children in foster care living in Santa Cruz County.
AUSTIN, Texas — Bryan Independent School District's use of school resource officers to issue criminal sanctions for a range of minor student misbehavior unlawfully impacts African-American students, who are "cited" at a rate four times that of other students, according to a complaint filed Feb. 20, 2013 with the U.S. Department of Education's Office for Civil Rights (OCR), on behalf of the public interest law center Texas Appleseed and the Brazos County branch of the NAACP.
Attorneys with the NAACP Legal Defense Fund and the National Center for Youth Law serve as legal counsel to the Complainants.
The National Center for Youth Law (NCYL) invites you to participate in a campaign to end the inappropriate and harmful sedation of tens of thousands of foster children. High doses of psychotropic “antipsychotic” drugs produce lethargic, “zoned out” children, preventing their normal development. Medical guidelines do not sanction such sedation. The year 2012 may be the year that federal and state governments act to curb excessive drugging of our nation’s foster children.
The California legislature has passed State Senate Bill 9, the Fair Sentencing for Youth Act! This bill, authored by Sen. Leland Yee (D-San Francisco) allows inmates who were sentenced to life without parole as juveniles the chance to request a resentencing hearing after serving 15 years.
Program Modeled on National Center for Youth Law's Foster Youth Education Initiative
May 15, 2012 - The Indiana Department of Child Services (DCS) has announced the creation of FosterEd: Indiana, a statewide program to improve the educational success of children in foster care. The DCS program will employ 16 education specialists and a statewide manager to ensure foster children receive the educational opportunities they need to succeed in school, and in life.
May 4, 2012 - The National Center for Youth Law (NCYL) won a major victory today on behalf of foster children in Clark County (Las Vegas), Nevada. The Court of Appeals for the Ninth Circuit overturned a lower court’s dismissal of the foster care reform case brought by NCYL on behalf of Clark County's abused and neglected children, ruling that these children have a constitutional right to safety and adequate medical care. The appeals court also said that the county, and county and state officials, are liable if they fail to ensure that those constitutional rights are protected.
Spearheading Efforts to Protect Children with Histories of Abuse and Neglect from Sexual Exploitation
By Kate Walker
The thought of a 12-year-old girl being sold to older men to perform sex acts on a nightly basis is deeply disturbing. Even more troubling is the fact that it happens every day in cities throughout this country.
More than a year of negotiation with the State yields a collaborative agreement to suspend litigation and build a framework for reform of the mental health system for children on Medicaid.
Two state agencies and several advocacy groups have reached an interim agreement to develop a framework for reforms in the Washington state mental health system for children and youth enrolled in Medicaid. The agreement temporarily suspends litigation in a class action lawsuit filed against the Department of Social and Health Services and the Health Care Authority. View press release