Leaving Home (legal info for youth in Ontario)

Scenario by PLE Team Member Inez Leutenegger, legal info by JFCY

 

To her peers, Lukie has appears to have had a typically ‘normal’ teenage life. Just having turned sixteen two months ago, she has recently received her driver’s permit. She is in grade 11 and enjoys being a part of the school’s cross country and soccer teams. Her friends are a tight knit group who enjoy spending time together. Lukie has always been laid back and easy going, the life of the party who, at the same time, is able to maintain solid grades in her classes at school. 

Image from: http://www.sxc.hu/photo/1170300

Lately, though, Lukie’s friends and teachers have seen a change in her academic, athletic and social life. She has been skipping classes, neglecting her homework and doing bad on tests. As a result, her overall marks are starting to slip, and her teachers are concerned. She seems to be distracted at practices, and her commitment to the sports teams at school seems to be faltering.  She is also becoming increasingly withdrawn and distant from her tight knit group of friends. 

Since her parents’ divorce two years ago, Lukie's home life has been tough. She lives with her mother who  recently lost her job. Money is tight. Her mother’s boyfriend has been living in their home for the past six months, and his violent nature has resulted in the physical abuse of both Lukie and her mother. Lukie has not had contact with her biological father since his parents have separated. 

Lukie is slowly beginning to feel as though her home life is becoming unbearable and does not think she can wait another two years until she has graduated high school to move out. Lukie has been contemplating leaving home and living on her own, but the thought is scary and there are so many questions that run through her head.  She has confided her desire to move away from home to her best friend Brian and his parents, who seem willing to help Lukie in her situation. Lukie must weigh her options before making the big decision to live away from home.

Can Lukie leave home?

Lukie is 16.  According to Ontario law, people who are 16 and older can withdraw from parental control and leave home.  They do not need anyone's permission to do this. However, if youth leave home voluntarily (ie in the absence of abuse, neglect or serious conflict) their parents do not have to support them financially. It can get complicated. Lukie should talk to a family law lawyer about whether her parents owe her a legal obligation to provide her financial support if she leaves home. 

What can Lukie take with her?

Lukie can take all of her personal property with her.  That includes things like clothes or school supplies that only she uses.  It doesn’t matter whether Lukie bought those things or if she received them as a gift.  Lukie should take all of her identification: her health card, birth certificate, and passport, for example. She will need her ID in order to be safe and to access support programs and services.

How can Lukie balance school and work?

Lukie is required to attend school until she is 18 or graduates from high school.  She can get a job – lots of people have jobs in high school – but she cannot work during school hours and the kind of workshe can do might be limited.  For example, she is too young to serve alcohol in a restaurant.  She can also be paid a reduced minimum wage as long as she is in school and working fewer than 28 hours per week.

To learn more about laws relating to youth and work, check out this blog post.


How Else Can Lukie Support Herself?
Lukie may be eligible to receive social assistance through Ontario Works, which is available to 16 and 17 year-olds in special circumstances.  Since Lukie has been a victim of abuse in the home, she should qualify to receive Ontario Works, as long as he is enrolled in full-time school. She may need someone else, such as a Guidance Counselor or social worker, to verify the abuse.

Where can Lukie go to live?

Since Lukie is 16, there are no legal restrictions to her living with Brian’s family. In fact, if Lukie is staying with them long-term then they can ask to have the Child’s Tax Benefit and Ontario Child Benefit paid to them to help support her.  This money is supposed to be paid to the adult who is housing and caring for a minor.  It cannot be paid directly to the minor. Lukie can also rent an apartment to live in by herself.  Because Lukie is sixteen who has withdrawn from parental control, the Ontario Human Rights Code makes it illegal for a landlord to refuse to rent to Lukie just because she is young. 

For more legal information about leaving home, check out this JFCY publication

Leaving home is not easy. There are many social and legal issues that arise for young people. If you are planning to leave home, or you have been forced to leave home, you can call JFCY for legal advice at 416-920-1633.

Leaving Home comic by Adrianna Pahuta, PLE Team Member

Guest Blogger: Religion in Schools

From time to time, the JFCY blog will host guest youth bloggers who will write on a legal topic relevant to youth. This time, please welcome Jasmine Godrey, a grade 12 student. Her blog piece is on religion in schools. JFCY has provided some additional legal information at the end of the blog piece. 

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Arjan put his scissors down and looked at the bearded, rosy-cheeked chubby man he had just cut out. From making cards to baking treats, Arjan had been prepared to participate in Christmas activities since Grade 1. But this year it was not Christmas alone that his Grade 5 class would be celebrating. Ms. Bartlett had explained to the class that in an effort to expose students to a variety of religions, Samuel’s mother would be visiting tomorrow to teach the class how to cook latkes for Hannukah.

Arjan was shocked when he returned from recess and Ms. Bartlett passed around a sheet of paper containing the lyrics of Silent Night. This was followed by Ms. Bartlett leading the class in an Advent prayer. Arjan had never felt comfortable singing the songs of another religion and certainly could not bring himself to pray in the Christian faith. He told Ms. Bartlett that he felt sick and then went to the office to call his Mom to pick him up.

The next day Arjan’s mom had a meeting with Ms. Bartlett to express her concern over her son being made to participate in Christian religious practices.  Ms. Bartlett was offended; she had made an effort to expose the kids to other faiths and didn’t see the big deal with the songs and prayers especially because most of the kids seemed to be having a great time. Arjan’s mom explained that their family are Sikh and do not participate in activities of another religion.

What are Arjan’s rights?

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About the law:

The issue in this scenario is about religion in schools and the rights of students to engage or opt out of religious instruction.

The Education Act R.S.O 1990 allows certain schools to give religious instruction granting parents the option to send their children to a particular school of a particular faith. However, the above situation concerns a student who is attending a secular (non-religious) public school.

Secular schools are allowed to provide information on different religious faiths. Schools are not allowed to encourage belief in one faith over another.

Furthermore, the Education Act R.S.O 1990 states that no pupil shall be required to read or study from a religious book or join in any religious exercises. A student’s parent or guardian may object to such religious instruction where the student is a child. Where the student is an adult, the student may object him or herself.

Under the Human Rights Code R.S.O 1990, every person has the right to equal treatment without discrimination on many grounds, including religious belief.

Schools and teachers should not embarrass or otherwise treat students in a negative way if they refuse to participate in any religious activities.