Liability issues always pop-up when agencies start considering using semi-supervised living arrangements such as scattered-site apartments for independent living preparation.
The First Law of Youth Work often applies: “Every helpful action is met with an immediate inappropriate reaction.” I think most agency executives who have been involved in using individual apartments would say that they have found this model to be no more or less risky than any other child welfare living arrangements. From my experience, group homes and residential treatment centers are where most of the property damage, assaults, thefts, and AWOLs occur. Be that as it may, programs need to do whatever possible to keep from incurring liability and the wrath of an angry landlord. Here are some basic things that need to be in place:

1. Effective Screening-Make sure you know as much as possible about a youth before placing him or her in an apartment. At times, referring agencies will leave out (accidentally or not) key details such sex offenses, previous property damages, fire setting behavior, boyfriends from Hades etc. Some high-risk youth might either need increased supervision or need to prove themselves in a more supervised setting before moving into their own place.

2. Documentation-Keeping track of all face-to-face, unannounced visits and phone contacts can eliminate and charges of neglect.

3. Clear Policies-Make sure you have in writing a detailed policy and rules manual, which clearly lays out expectations. Also, make sure the youth signs a form stating that s/he has read the policies, understands them and agrees to follow them. Discovering that a new female client has set up a day care center for all of her new relatives in her new apartment might seem outrageous to us. But this might be an expectation coming from her family.

4. Signed Agreements-court supported-This acknowledges that a living arrangement has been approved by the court system.

5. Clear emergency procedures and 24/7/365 on call-ILPs using individual apartments need to have people assigned (usually on a rotating basis) to be on-call for after hours emergencies. From my experience, many of the calls received after hours can be dealt with over the phone. Many youth will create a pseudo crisis during their first month in an apartment just to see if there really is anyone out there.

6. Liability Insurance-Each agency has to decide the level of comfort with the level of risk they are taking. Some programs insure each apartment. Others have been able to include any apartment in their overall umbrella policy.

7. Back-up living arrangements-Having an out of control youth living in an apartment rented from a landlord whom calls daily asking for the youth to be removed is one of the biggest headaches of an ILP staffer. Having a shelter, respite foster home, spot in a group home, trailer parked in your parking lot (I really want to do this!) or some other temporary placement can immediately cool down a hot apartment and hopefully help the youth understand the limits of what people will tolerate.

8. Quick confrontation of problems-If you think someone has moved in, hear about drug deals going on or get calls about the “pit bulls for sale” sign in your client’s window, deal with it immediately. Waiting for problems like this to go away can lead to much bigger problems.

10. Mandatory counseling/AA if necessary-Youth with a previous history of suicide attempts. Serious metal illness, chemical dependency etc. should contract to continue with therapy or support groups as a condition of remaining in a less-supervised setting.

11. Contracts-Short term behavioral contracts can help a youth understand the consequences of his/her current behavior, including discharge from the program or return to a more-supervised setting.

12. Daily contact with high-risk youth-Programs should plan on some youth running into periods of time when they need more attention. Youth who get depressed, sick, traumatized, injured or lose someone important should have daily face-to-face or phone contacts, not necessarily with the same ILP staff.

Hopefully, the Second Law of Youth Work will prevail: “Most inappropriate reactions lead to new wisdom and better behavior.”