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2008

Juvenile Law

Golden Gate University School of Law

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Full-Text Articles in Law

The Key To Successful Independence: State-Funded Postsecondary Educational Assistance For Emancipated Foster Youth, Michele Benedetto Neitz Jan 2008

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 …