Winter 2005

Teen Parenting Information
 By Sara Meerse, Esq.

Being a parent can be overwhelming. Being a teenage parent can be even harder. Keep in mind that if you live on a reservation, you can get direction to all tribal programs by contacting the Tribal Offices. You should also be aware that the Indian Child Welfare Act (ICWA) does NOT apply to every case involving custody of Indian children. The ICWA excludes custody disputes between parents of Indian children in divorce cases. It is not entirely clear whether the ICWA applies to custody disputes between parents who were never married, but to the extent those cases are like divorce cases, the ICWA probably does not apply. However, the ICWA does apply to other types of cases, such as termination of parental rights, even when the case is between the parents.

Here are some more things you should know.

1. You are not automatically emancipated when you have a baby. Having a baby is not enough. If you want to be emancipated, you must go to court.

2. In Maine, both mom and dad have equal rights to their baby. If you and your child's other parent have decided to get a divorce or are not married and you do not agree on who the baby should live with, or when, or where or how long visits should last, it can be stressful for each of you and your baby. You want to do what is in your child's best interests. You want to get along and work together. Sometimes, that is not possible. Whether you are getting along or not, if you want to have things spelled out, like where your child should live, when visits should happen, who gets to make decisions, or what the amount of child support should be, you need to go to Court and get an Order. If you are not married, you must file what is called a "parental rights and responsibilities" action. If you are married, you file for divorce. If you are not 18, you can bring a family law court case on your own. You do not have to have an adult bring it on your behalf. This is because you are bringing the court case for the benefit of your child.

3. There is no such thing as "custody" in Maine. It is called "Parental Rights and Responsibilities". A Parental Rights and Responsibilities Order states where the primary residence will be, what visitation will look like and what the parental rights and responsibilities and child support will be. Primary residence means who the child lives with. "Parental Rights and Responsibilities" means who makes decisions about the child. There are three types of rights and responsibilities: "shared," "allocated" and "sole." "Shared" means just that - both parents make decisions by talking with one another. "Allocated" means one parent makes the decisions but must tell the other parent about it. "Sole" means one parent makes the decision and doesn't have to tell the other parent. The Order will also give parents rights to see medical records and educational records for their child. Child support will be ordered based on State guidelines.

4. There are some housing programs available for teen parents throughout the State. Here are some:

Stepping Stones 2
Houlton, ME
Phone: 532-6689

This is a residential facility for homeless or at-risk pregnant and parenting young women, ages 15 to 25, and their children. The maximum stay is 18 months. You must be eligible for MaineCare.

Stepping Stones 3
Houlton. ME
Phone: 532-6689

This is a transitional living program for runaway and homeless young women between the ages of 16 and 21 who are pregnant or parenting. Apartment rentals are available based on a percent of resident's income. The program provides individual case management services, access to skilled staff and services. The maximum stay is 18 months.

St. Andre Home, Inc.
Central office in Biddeford, ME
Phone: 282-3351

This organization provides group housing in Biddeford, Bangor and Lewiston. Call the central office for more information.

You can also apply for subsidized housing, such as Section 8 or public housing. Contact your Tribal housing authority or a CAP agency.

You may also need income support and health insurance. Prenatal and postnatal care are very important for your health as well as for your baby's. With MaineCare, you should have to pay nothing, or very little. You can apply for MaineCare through Department of Health and Human Services(DHHS). You may be able to receive medical care through your Tribal health center or local regional health center.

You also must make sure you are meeting your child's nutritional needs as well as your own. To get help with nutrition, contact your Tribal social services or you can call WIC (Women, Infants, Children's Nutrition)  at 1-800-437-9300. You can also apply for Food Stamps through your Tribal Social Services or through DHHS.

For income assistance, you can apply to your Tribal social services. You can also apply for General Assistance from your town or for TANF  through DHHS- 1-800-482-7520.

General Assistance is a support program for low-income people. You can apply for GA from your Tribe or from the city or town you live in. GA helps with rent, utilities, food vouchers, medical expenses, clothing, and personal and household items (like shampoo, toothpaste, laundry supplies, toilet paper, light bulbs.) To apply for aid from a city or town, you must be financially eligible. This means you must not have more money in a month than the guidelines will let you have. If you are applying for a second time, you have to show the town that you spent your money on "basic needs." You should bring receipts to prove this. "Basic needs" are things like rent, food, medication, transportation, electricity, and heat. It does not include such items as pet food, cigarettes or cable. Even though you are not 18, you can apply for General Assistance if you are pregnant or have a child of your own. You must apply in writing and get a written decision from the town. If the town will not let you apply, contact us. The town cannot threaten to have your baby taken away from you just because you are applying for GA.

There are special rules that apply to you because of your age. If you are pregnant or have a child of your own and are not married, you are eligible for GA if:

If you are under 25 years old, the town can contact your parents or your husband or wife (if you are married) and ask them to pay back any GA you get. They should only do this if your parents or spouse have the money to pay. The town cannot refuse to let you apply. You can still apply and still get GA. If they do not let you, contact us.

TANF is welfare for families with children under 18. It is a monthly benefit to help you make ends meet. You must be low-income in order to get TANF. If you live with your parent or legal guardian, that adult may receive TANF for you. You can apply for TANF on your own only if you are in the third trimester of pregnancy or you have a child of your own. There are special rules that apply to you because of your age.

You are eligible for TANF if:

Maine also has a "welfare to work" program called ASPIRE. To get ASPIRE, you must sign a contract that states what services DHHS will give you (child care, transportation, clothing for uniforms) and what work and/or schooling you will do. If you are under 20 years old and have not finished high school, you will have to be in ASPIRE and take courses to get your high school diploma. If you do not follow the contract, you can be "sanctioned." This means your TANF check will be reduced. If you need help getting childcare or transportation for school, ASPIRE should help you. If they do not, contact us.

5. If you need help learning about your child's development or need help learning parenting skills, you can contact agencies such as an Early Headstart Program, or call Teen & Young Adult Health Program at 1-800-698-3624; Mainely Parents  at 1-800-249-5506; or Parents as Teachers  at 1-800-870-7746. Your doctor or nurse may also refer you to a public health nurse. Ask your doctor about it.