Homeless youth in Wisconsin needs a broken arm. Abandoned youth in Wisconsin need mental health treatment. An estranged Wisconsin teenager needs his chipped tooth fixed.
Can anyone receive treatment?
Under Wisconsin law, the answer is no. Not without the consent of a parent who may be incarcerated, deceased, or permanently out of touch. Youth in Wisconsin do not have the right to receive medical care on their own without the written consent of a parent or legal guardian. Wisconsin is one of her 15 states without laws allowing unaccompanied youth access to health care.
Currently, Senate Bill 704 and its companion bill, Assembly Bill 729, allow unaccompanied minors to consent to access medical, dental, and behavioral health care without the permission of a parent or legal guardian. This is what makes it possible for you to do so and receive it. This bill is led by youth activities boards in nearly every county in Wisconsin and was created specifically to meet the needs of unaccompanied minors as defined by federal law.
An unaccompanied minor must be at least 14 years of age to consent to receive medical care and must contact the county welfare or social services department, licensed child welfare agency, state Department of Children and Families, or state must not be under the supervision of Department of Corrections.
Last year, USA TODAY NETWORK-Wisconsin brought widespread attention to the issue by telling the story of an unaccompanied minor who had to rely on his abusive father's signature to receive any medical assistance. Ta. Her story, and what more than 2,000 unaccompanied youth in Wisconsin are currently facing, has since been used in educational settings by Joli Guenther, executive director of the Wisconsin Homeless and Runaway Assistance Association. There is.
Here's what you need to know about your bill.
Why are these bills important?
Wisconsin is one of the few states that still recognizes the English common law style of “child protection,” which maintains that juveniles are immune from criminal prosecution in most cases. It also protects minors from signing up for credit cards or agreeing to other types of documents, such as medical.
Last year, Gunter met with youth activity committees representing 69 of the 72 counties to learn about the needs of unaccompanied minors. Young people talked a lot about the importance of having access to their own health care.
“We're talking about very basic health care,” Gunter said, noting that young people in Wisconsin have access to reproductive health and substance use disorder evaluations, evaluations and treatment. did.
With these exceptions, young people may receive medical care without the consent of a legal guardian only in cases of life or death. However, most people can attest that addressing non-life-threatening health concerns is an important component of basic needs.
All non-life-threatening illnesses, injuries, and harmful situations are left to chance.
If untreated, bronchitis can turn into pneumonia, which can be life-threatening, said Rep. Jodi Emerson, D-Eau Claire, one of the authors of the House bill. Vaccination helps stop the spread of infectious diseases and can save lives.
Related:Minors in Wisconsin require authorization to receive physical and mental care. What if my parents refuse?
“Preventive treatment, treating things early, saves money and saves lives,” Emerson said. “That's one of the things that frustrates me sometimes about government: Why can't we deal with problems before they become big problems, when they're smaller, cheaper, and less harmful to the person and society as a whole? ”
This bill is also important because it reflects the lived experiences of young people.
Katie Polasky, 17, a member of the Brown County Youth Advisory Board, wants more people to listen to young people on issues that affect them. Polaski is not unaccompanied – her mother was present during the USA TODAY NETWORK-Wisconsin interview – but she was born in Guatemala and lived in a foster home before being adopted. As a result, I was asked to be a member of the Youth Advisory Committee.
“Young people are going through it themselves, and I think adults need their input to make decisions,” Polasky said.
Who is considered an unaccompanied youth?
Federal law defines an unaccompanied minor as “a homeless youth who is not in the physical custody of a parent or guardian.” However, it also includes children living in the care of family members who are not technically their legal guardians.
Gunter said the bill covers a wide range of situations, including grandparents caring for grandchildren. She has spoken to many caregivers in this situation who are caring for her grandchildren because their parents are facing personal health crises, such as alcoholism.
Emerson said the process for families to become legal guardians could take a long time because the courts are currently backing them up.
“So even if mom and dad agree to monitor grandma, if that document isn't signed, the child won't receive any medical care unless it's life-threatening,” Emerson said. Told.
The bill would require one of the following to confirm in writing that the minor is an unaccompanied youth:
- Local educational agency point of contact for homeless children and youth as designated under federal law.
- School social workers and counselors.
- An employee who hosts a minor in a shelter or transitional living program where the minor is recognized as an unaccompanied youth under current law.
- A board member, or his or her designee, of a government or nonprofit organization that receives public or private funding to provide services to homeless or unaccompanied youth.
Do SB 704 and AB 729 have bipartisan support?
still.
Emerson said these bills should, in theory, have clear bipartisan support, but even if they focus on population health and wellness, there will be no need for gender-affirming care or immigration. He said “hot political topics” such as “hot-button political topics” were already clouding the discussion. Vulnerable youth population.
Gunter said the bill does not affect the current standards of care already in place that prevent minors from undergoing gender reassignment surgery.
Gender reassignment care is also not covered by Medicaid for minors and is not a service provided by Wisconsin's free clinics, limiting unaccompanied minors' access to these services. said Gunther.
“We're talking about poor young people who don't have the financial resources to pay for their electoral process and care,” Gunther said. “This bill is about access to existing care and the standard of care.”
Immigration has some unique issues, but Emerson isn't concerned because “that's not the intent of the bill.”
Emerson emphasized that this is about removing barriers for unaccompanied minors to access existing health care, including free clinics. It has nothing to do with creating new medical programs.
And what if an illegal and unaccompanied youth were to receive treatment?
“When you look at thousands of children who need medical assistance, what if someone from another country could slip in and take care of them? Oh my god,” Emerson said. “This is really about permission to consent to medical care, not who pays for it.”
What other legislation should I know regarding unaccompanied minors?
In general, Wisconsin is exceptional in the way it protects this vulnerable youth from harm. Shared Hope International, an organization dedicated to ending child and adolescent sex trafficking, gives Wisconsin an “F” grade, ranking it the worst state in its 2023 annual report card. did.
Multiple agencies, including the Wisconsin Homeless and Runaway Assistance Association, are building on the experience of unaccompanied youth by citing Section 22 of a 2019 Wisconsin law that allows 17-year-olds to seek emergency shelter before turning 18. advocated for the approval of the They still had no access to medical care.
Mr. Emerson also introduced legislation that would strengthen protections for runaway youth. Current Wisconsin law states that if a runaway youth seeks a homeless shelter that accepts youth, such as House of Hope, he or she cannot stay unless parental consent is obtained within 12 hours. That's a quarter of the federal law's time limit of 72 hours.
Adding extra white space to the consent period can be very important for young people trying to get off the streets. According to the National Sexual Violence Resource Center, one in three young men's girlfriends is at risk of being seduced into exploitative sex within their first 48 hours of leaving home.
The bill died in committee.
Yet another contradiction: Wisconsin law recognizes that children cannot legally consent to sex. However, you can still be charged with prostitution. Additionally, according to Shared Hope International, Wisconsin does not have a “safe harbor” law that prohibits the arrest, detention, indictment, or prosecution of children for prostitution, even if they are victims of human trafficking. It is one of 20 states.
“That belief can follow them for the rest of their lives,” said Shannon Winant, executive director of House of Hope.
Rep. Joel Kitchens (R-Sturgeon Bay) introduced a bill last year that would ban the criminalization of minors for prostitution, but it is unlikely to be voted on this Congress.
Although known to have strong bipartisan support, an earlier version of the bill died in committee.
What will happen to these bills?
Gunther plans to hold educational sessions in the spring to inform people and increase conversation. It can be “very invisible,” Gunther said.
“People can assume that it's not there and it shouldn't be there. We all assume that young people have someone to keep them safe. Unfortunately, we know from the data that this is not the case,” Günter said.
For now, it doesn't look like any action will be taken on these bills until the next session or next year, but for Emerson, the bills address gaps in the system that leave young people vulnerable.
“The way I see it, if we're going to take care of the kids who are falling through the cracks, let's take care of the kids who are falling through the cracks,” Emerson said. “I don't want to say that I'm in favor of this procedure, but against other procedures. We (politicians) need to stop pretending to be doctors.”
The Press-Gazette's Danielle DuClos contributed to this report.
Natalie Eilbert covers mental health issues for USA TODAY NETWORK-Wisconsin. She welcomes story tips and feedback. Contact her at neilbert@gannett.com or visit her Twitter profile at: @natalie_eilbert. If you or someone you know is struggling with suicidal thoughts, call the National Suicide Prevention Lifeline at 988 or text “Hopeline” to the National Crisis Textline at 741-741.
