Legal Representation Info

INTRO

SYLAW provides legal education and representation to Seattle’s homeless and at-risk youth. SYLAW’s outreach program includes accompanying the Streetlinks van every other Thursday, site staffings at Capitol Hill Youth Center the first Saturday of every month, at University District Youth Center the third Wednesday of every month, public access t.v. show ‘Street Talk,’ and presentations to youth service providers. SYLAW also provides non-criminal (civil) representation to youth in two major areas: 1) Administrative assistance, including any proceeding which does not legally require a lawyer – school proceedings, administrative law proceedings, assistance in securing services, public benefits, etc. 2) Civil litigation – family law, dependency law, etc.

REPRESENTATION PROCESS

The representation process begins when a SYLAW member contacts a youth during an outreach program, when the youth calls the SYLAW office, or from a referral. Referrals may be made by caseworkers who have received written consent from their clients to contact a legal agency and to disclose any relevant information. Consent must be given for disclosure of the legal issue, and of any background information necessary for SYLAW to understand the scope of the issue.  The SYLAW staff will determine whether the youth has legal issues on which SYLAW can provide assistance. If there is not an appropriate legal issue, SYLAW will attempt to refer the youth to a suitable legal or social service provider.

To the right is a listing of common areas in which SYLAW provides representation:

 

 

 

 

 

 

 

 

 

Nothing in these materials is legal advice, nor should it be used as such. Please consult an attorney. All information is accurate as of the printing date.

EMANCIPATION

Emancipation can give minors the following rights that they do not otherwise have:

  1. The right to sign binding contracts,
  2. The right to sue/be sued in his or her own name,
  3. The right to keep his or her own earnings,
  4. Informed consent for health care,
  5. Parental duties of financial support, care, supervision and other parent-child obligations of the minor’s children, and
  6. The right to live apart from parents.

Emancipation generally won’t affect criminal laws. Also, emancipation does not affect rules regarding voting, alcohol, health and safety regulations.

The emancipation process requires:

  1. the youth to be sixteen and a resident of Washington,
  2. the youth to show significant maturity, including an ability to handle social affairs (relationships, health care, etc.), financial affairs (jobs, savings, etc.), educational affairs (GED program, school, etc), and non-financial affairs (anything else the court thinks is relevant),
  3. if your parents oppose your emancipation, you will also have to show that, denial would be harmful to the interests of the minor,
  4. payment of $50 (which SYLAW may pay) unless you cannot afford it, and
  5. You will have to (or at least try to) notify your parents or the state if you are a dependent of the state.

ChINS PETITIONS

Through a ChINS petition a youth may obtain a court order mandating placement in a residence other than the home of the parents. A ChINS petition can be filed by a child, parent, or DSHS.

 

To qualify, a youth must be under 18 and meet one of the following criteria:

  1. The youth is beyond parental control such that the youth’s behavior endangers the youth or another.
  2. The youth has been reported absent from home or equivalent without consent for 24 hours, and a) has a substance abuse problem, or b) has exhibited behavior that creates a risk to youth or another.
  3. The youth needs services (food, shelter, healthcare, etc.), lacks access to the services and the youth’s parents have attempted unsuccessfully or are unwilling to maintain family structure.

EDUCATION/TRUANCY

A school may not discriminate against a student on the basis of:

  1. Race, sex, etc.
  2. Pregnancy (no ‘special rules’ can be enforced),
  3. AIDS,
  4. Personal appearance, unless it is ‘disruptive.’

SYLAW is dedicated to helping youth receive education, and will help interested youth in maintaining access to schools.

 

Everyone under 18 must attend school unless s/he:

  1. has already graduated,
  2. is 16, has a job, and are emancipated or have parental consent.

If there are 5 absences in a month or 10 in a year, the school must enter an agreement with the student, and parent may file a truancy petition. If there are 7 absences in a month or 10 in a year the school must file a petition and the court must schedule a hearing. A court can order a youth to attend school. Failure to comply with a court order can lead to up to 7 days of detention, community service, and fine of the parents. Youth are entitled to an attorney.

WELFARE DENIALS

Public Assistance is money that the government gives to help out individuals who need it. If you are in need of money, public assistance may be available for you. It is always important that you work with someone who can help you understand what your responsibilities and rights regarding this money, and who can help you manage your money.

You may be able to receive $120/month in food stamps. You can only receive food stamps for three months in a row and can be obtained alone or with other forms of public assistance. They can be used to buy food items, but certain things are excluded (tobacco/alcohol products). You must be 18 years old to receive food stamps. You may contact us or visit a local food bank.

Temporary Assistance to Needy Families (TANF) (formerly Aid to Families With Dependent Children) is for single-parent households. You can get this type of aid as a minor with children, but serious restrictions may be placed on where and with whom you may live. In addition, you will be required, with some exceptions, to get a job and it may affect your ability to attend college. Pregnant mothers are eligible for TANF in their third trimester.

BARRIERS TO HOUSING/EMPLOYMENT

Homeless youth may have many obstacles getting housing and employment. Landlords and employers cannot discriminate for various reasons, including race, sex, religion, etc. SYLAW will help youth with any problems in this area, including youth who feel that they have been discriminated against. SYLAW is dedicated to assisting youth in the vital aspects of employment and housing,