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|  | Feature  Bill May Help Utah’s Homeless Youth
A preliminary bill titled “Provisions for Emancipating a Minor” was presented to the House Judiciary Interim Committee on November 5 by Rep. Roz McGee (D-SLC). Utah’s homeless youth population is skyrocketing, and according to Melissa Larsen, assistant program coordinator for Equality Utah, they are living very endangered lives.
“Times have changed,” states Larsen. “Our homeless youth need shelter, mental and physical health services, and rape recovery. These are kids that are living in dumpsters and under viaducts. They are kids that risk getting raped or murdered every day in Utah. These are kids that slept outside in our harshest winter in 40-below weather.”
Emancipation means a person is legally declared an adult. Currently in Utah, that occurs at age eighteen or at the time of a minor’s marriage with consent of the parent(s) or legal guardian. Previous Utah court rulings allow teens to seek emancipation, but McGee’s bill would create a clear standard for judges to follow, and for some youth, expedite the continuance of their life.
Richard Anderson, Division Director of Child & Family Services, Salt Lake City Police officials, and Utah Attorney General, Mark Shurtleff are all very supportive of this bill.
Without emancipation, homeless minors in Utah are unable to retain necessary services for survival without parental consent. Nearly 50% of the homeless youth in Utah have not completed high school. Until they are 18, they will not be able to enter a shelter, rent an apartment, apply for scholarships, or get a high school education.
Minors must meet some serious criteria in order to be considered for emancipation. They will have to prove they can maintain a job and that they can set up financial and other support systems necessary to survive.
There have to be other parties involved with the court process. Minors cannot solely emancipate by themselves. Other family or friends will have to come to the court and testify that this will be the best option.
After awarding a declaration of emancipation to the minor, the parents will no longer be obligated to help. If the minor is hospitalized, he or she will be solely responsible for the costs. He will also be responsible for the costs of enrolling in school.
Emancipated minors will be eligible for grants, loans and other services. They will be allowed to apply for such services without their parent’s consent and consideration—two elements that the lives of these youth are void of.
If the minor is deemed by the judge as not being ready for emancipation, he or she will be turned over to the Department of Child and Family Services to find other family, friends, or services to help. Termination of parental rights may be the next precedence for youth in extremely troubled or hostile situations. But without the initial attempt to emancipate, some minors would never enter into these other support networks to get the help they need.
Larsen states: “Our problem in the state of Utah is that the Child Welfare Law is poorly written. That is why the state got sued in 1992 when two foster children were murdered by their foster father.”
“Although an estimated 30 percent of homeless youth identify as being gay, this bill is not about gay youth. These are not kids that want to stay out after midnight, or play the Playstation, or take the Volvo out. They are kids whose parents cannot be found, or for one reason or another have just stopped taking responsibility.”
According to Larsen, 20 other states have clearly defined emancipation codes. “This is not a willy-nilly piece of legislation. The youth that qualify are going to be very specific. We anticipate 20 to 30 applicants a year, and not all of these will quality.”
The bill will help youth who are ready make a change that may improve the overall outcome of their life. It is designed to reach a very narrow margin of youth. As it is proposed, only minors over the age of 16 will qualify. There is currently no law that can help children under 16 if they don’t want to be part of Child and Family Services.
The proposed emancipation bill is not a catch-all. It will not alter the eight-hour reporting requirement under Shelter Law. Although Larsen would like to see the Shelter Law updated to compare with other states, emancipation would open the door for other changes that may give some of these youth a chance to learn the necessary survival skills they need.
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