Q. XIII.1 Who can apply for VESID? How? At what age?
What are the parameters of their services?
Q. XIII.2 Can
an undocumented youth: get working papers? a social
security card? Access shelter at a runaway program?
Q. XIII.3 What
is "harboring"? Can an adult take a runaway
into his/her home?
Q. XIII.4 Can
a young person be held liable for damage to a
building, a program, or in their interactions with
younger clients?
Q. XIII.5 Does
a runaway program have any responsibility to notify
police about a runaway youth?
Q. XIII.6 What
is the impact of the Federal Welfare Reform Act on
immigrant youth?
Q. XIII.7 If a
runaway program transports a child, what liability do
they risk?
Q. XIII.1 Who
can apply for VESID? How? At what age? What are the
parameters of their services?
A. VESID
stands for Vocational Education Services for
Individuals with Disabilities. VESID is a State
program that assists young people and adults with
disabilities to obtain employment. School age
children may be eligible for VESID's services
while still in school as part of an Individual
Educational Program (IEP), and the transitional
service plan as part of an annual guidance plan.
For a person with a disability who requires
rehabilitation services in order to secure
employment and is no longer in school, he/she may
seek assistance through a local VESID office.
Q. XIII.2 Can
an undocumented youth: get working papers? a social
security card? access shelter at a runaway program?
A. An
undocumented alien cannot get working papers or a
social security card. They do remain eligible for
runaway/homeless youth services and have the
right to attend school.
Q. XIII.3 What
is "harboring"? Can an adult take a runaway
into his/her home?
A.
Although "harboring" is not a legal
term, we believe the question involves the
potential liabilities of adults who agree to take
a young person into their home without parental
permission. Potential criminal liability exists
in limited cases.
The crime
of custodial interference involves the removal of
a child under the age of sixteen from the child's
lawful custodian, by a relative with the intent
to hold such child permanently or for a
protracted period of time. Even in these cases,
it is an affirmative defense if the child was
abandoned or the action was a necessary response
to an emergency of threatened or actual
mistreatment or abuse.
A
relative, for purposes of custodial interference
includes a parent, ancestor, brother, sister,
uncle or aunt.
Unlawful
imprisonment or kidnapping is a crime involving
an abduction or the unlawful restraint of a
person's movement. A person may be charged with
kidnapping or unlawful imprisonment for taking a
child less than sixteen years of age into his/her
home by any means without the consent of the
parent, guardian or other person or institution
having lawful control or custody of the child. As
you know, under New York law, children under 16
are free to go to a runaway/homeless youth
shelter or host home (under the supervision of
such programs) without parental consent.
Therefore, the threat of criminal prosecution in
such cases is unenforceable.
Q. XIII.4 Can
a young person be held liable for damage to a
building, a program, or in their interactions with
younger clients?
A. A judge
could require restitution to pay for damage to a
building or program, or a parent may be liable
for the destructive acts of a minor up to $5,000.
In cases involving injury to another client, the
question of liability depends upon the facts of
the case.
Q. XIII.5 Does
a runaway program have any responsibility to notify
police about a runaway youth?
A. No. A
runaway program is not required to contact the
police in such cases and MUST honor a young
person's right to confidentiality. (see X.1 and
X.3)
Q. XIII.6 What
is the impact of the Federal Welfare Reform Act on
immigrant youth?
A.
Although changes are being debated, most
immigrants, unless citizens, are not eligible for
most federal benefit programs. In New York, most
resident aliens , if needy, will be eligible for
non-cash benefits (also known as the safety net).
Q. XIII.7 If a
runaway program transports a child, what liability do
they risk?
A. The
program assumes the same responsibilities and
potential liabilities as anyone who takes another
person into a car.
