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The Key To Successful Independence: State-Funded Postsecondary Educational Assistance For Emancipated Foster Youth, Michele Benedetto Neitz

Publications

As individuals in state custody, children accepted into the foster care system have a substantive due process right to be free from harm. This due process right imposes an affirmative duty on states to protect foster youth and properly prepare them for emancipation. At the age of eighteen in most jurisdictions, youth emancipate from state custody into adulthood with the hope of successful independence. In reality, a large proportion of public
wards actually emancipate into homelessness, unemployment, and incarceration.

The public is increasingly recognizing the plight of youth aging out of foster care, and state and federal legislatures are responding …

An Ounce Of Prevention: A Foster Youth's Substantive Due Process Right To Proper Preparation For Emancipation, Michele Benedetto Neitz

Publications

Part I of this article considers the current challenges facing youth preparing to leave foster care. Youth are failing to receive adequate preparation services while still in the custody of the government. Consequently, emancipated youth are disproportionately represented in homeless, unemployed, uneducated, and incarcerated populations. Part II examines the specific constitutional rights of youth in foster care. As persons in a custodial relationship with the government, foster youth have a substantive due process right to be free from physical and emotional harm. This protection includes services and training as required to “meet the basic needs” of a child. Emancipation preparation …