Definitions
Statutory definitions of homeless youth vary among states and even within states. Federal agencies and national organizations also have different definitions of homeless youth. For example, the National Alliance to End Homelessness defines homeless youth as unaccompanied individuals ages 12 to 24, while the National Coalition for the Homeless defines homeless youth as individuals under the age of 18. Others define youth as individuals between the ages of 13 to 25.
These differences are significant because how homeless youth are defined in statute establishes the foundation for subsequent policies and affects eligibility for programs and services. For example, a youth must meet the definition of homeless to qualify for protections and services under such federal laws as the McKinney-Vento Homeless Assistance Act and the Runaway and Homeless Youth Act.
According to the National Law Center on Homelessness and Poverty and the National Network for Youth, at least 23 states explicitly define the terms homeless child, homeless youth, homeless minor or homeless student. At least 12 states define the term youth and at least 19 states specifically define the term runaway, habitual runaway, and chronic runaway. Within those definitions, some states also categorize homeless youth into typologies, which include: runaways, throwaways, street youth, systems youth, transient but connected, high risk and low risk. These terms reflect the diversity of experiences and backgrounds among homeless youth, who often do not fit into a single category.
Federal Landscape
Congress has enacted the following legislation to address youth homelessness. The Department of Housing and Urban Development (HUD) has also adopted regulatory definitions.
Runaway and Homeless Youth Act
The Runaway and Homeless Youth Act defines homeless youth as individuals under the age of 18 or between the ages of 16-22, depending on the program the youth is participating in.
McKinney-Vento Homeless Assistance Act
Under the federal McKinney-Vento Homeless Assistance Act, homeless children and youth are broadly defined, without a specific age range. McKinney-Vento defines terms, including homeless, homeless living situations and individuals and families at risk of homelessness. In addition, the act defines homeless children and youths as individuals who lack a fixed, regular and adequate nighttime residence and includes children and youths who:
- Share the housing of others due to loss of housing, economic hardship or a similar reason.
- Live in motels, hotels, trailer parks or camping grounds due to the lack of alternative adequate accommodations.
- Live in emergency or transitional shelters or are abandoned in hospitals.
- Have a primary nighttime residence that is a public or private place not designed for nor ordinarily used as a regular sleeping accommodation for human beings.
- Live in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and who are migratory children living in one of the above circumstances.
U.S. Department of Housing and Urban Development
The U.S. Department of Housing and Urban Development (HUD) defines youth homelessness using four categories: literally homeless, at imminent risk of homelessness, homeless under other federal statutes and homeless because the individual is fleeing or attempting to flee domestic violence. According to HUD, literally homeless means an individual or family who lacks a fixed, regular, and adequate nighttime residence. Imminent risk of homelessness means the individual or family will lose their primary residence within 14 days of applying for homeless assistance, the family has not identified a subsequent residence and the individual or family lacks the resources or support networks needed to obtain other permanent housing.
State Policy Landscape
States have defined homelessness in statute in various ways. Some states have adopted federal definitions of youth homelessness under the McKinney-Vento Act and the Runaway and Homeless Youth Act. Others define runaway and some states do not mention homeless youths at all or refer to youth experiencing homelessness as unruly, incorrigible or vagrant.
States that Define Homeless Youth
At least 23 states specifically define homeless youth, homeless child, homeless minor, or homeless student in statute. For example:
- New Jersey's (N.J. Rev. Stat. § 9:12A-4.) definition includes youth 21 years of age or younger who is without shelter where appropriate care and supervision are available.
- California’s definition of homeless youth includes any person 24 years or younger who is at-risk of becoming homeless, is no longer eligible for foster care on the basis of age, has run away from home; or any person who is younger than 18 years of age, who is emancipated and homeless or at risk of becoming homeless.
- Florida defines unaccompanied homeless youth as an individual who is 16 years of age or older and meets the definition of homeless youth under the McKinney-Vento Homeless Assistance Act.
According to the National Law Center on Homelessness and Poverty and the National Network for Youth’s Alone Without a Home report, Florida, Maine, Missouri, New Hampshire, Montana and Washington have definitions that mirror the language of the federal McKinney-Vento Homeless Assistance Act’s education provisions and include children who are sharing housing with others due to economic necessity. The report also states that Montana, New Mexico, North Carolina, and Utah all refer directly to the McKinney-Vento Act. Additionally, California, Colorado, Florida, Louisiana, Maine, Massachusetts, Minnesota, New York, Oregon, Washington and the District of Columbia mirror or refer to the Federal Runaway and Homeless Youth Act definition of homeless youth.
Source: Alone Without a Home
States that Define Runaway Youth
Many youths run away from home due to abuse and neglect. At least 20 states explicitly define the term runaway in statute in both the criminal and civil code. Youth most often run away from home and become homeless due to family conflict, abuse and neglect. Research has shown that youth who run away from home often only run away for short, episodic periods of time whereas youth experiencing homelessness can experience homelessness more chronically and for longer periods of time.
- Louisiana defines runaway as the continued absence of the child from the home of his caretaker without the caretaker's consent.
- Kansas defines runaway as a child who is willfully and voluntarily absent from the child's home without the consent of the child's parent or other custodian.
- Idaho defines runaway as an individual who is less than 18 years of age who is reported to any law enforcement agency as a runaway.
Conclusion
States define youth homelessness in various ways, many of which determine whether a youth will have access to services and even federally protected rights. Some states define runaway youth, homeless child, homeless youth, and homeless person separately, while other states do not define homelessness at all. In addition, the age range between which youth are considered homeless also varies.
Disclaimer
Links to external websites and reports are for informational purposes only and do not indicate NCSL’s endorsement of the content on those sites.
Vulnerable Populations
Each year, approximately 26,000 youth age out of foster care in the United States whether or not they’re ready to live independently. This reality stands in stark contrast to the overall trend of youth and young adults living with their families longer than previous generations. Additionally, according to a 2016 report by the Administration on Children, Youth and Families, almost 44% of the 656 homeless youth aged 14-21 interviewed had previously been in a juvenile detention center, jail or prison; and nearly 62% had previously been arrested.
All homeless youth, due to their unstable housing and a lack of a safe, caring adult, are inherently vulnerable to their surroundings. Youth aging out of foster care and youth engaged in the juvenile justice system are even more vulnerable to the dangers of homelessness.
According to a series of briefs by Chapin Hall at the University of Chicago, homeless youth who have been in foster care consider their experience in foster care the beginning of their homelessness. They describe their foster care experience as part of a larger pattern of instability, bouncing from foster home to group home, running away, back to another foster home or back home with their parents. Homeless youth with a history of foster care were also more likely to have slept outside than those without a foster care history.
Chapin Hall also found that 46% of youth who experienced homelessness had also been in a juvenile detention facility, jail, or prison compared with only 15% of the general population. The study also found that homeless youth who had been in foster care also had a greater likelihood of being involved in the juvenile justice system and juvenile detention, and were more likely to identify as LGBTQ. These youth were also less likely to be in school or employed and more likely to be receiving food stamps.
Other vulnerable populations include homeless youth of color and unmarried parenting youth. While youth across all backgrounds and upbringings can become homeless, these populations are more susceptible to it. When youth become pregnant or come out as LGBTQ to their parents or guardians, they are at increased risk of being kicked out of the family home. Chapin Hall also notes in their Missed Opportunities: Youth Homelessness in America report that disproportionality among black youth who are homeless reflects the racial disparities recognized elsewhere, for example, in school suspensions, incarceration and foster care placement.
- Black or African American youth have an 83% higher risk for becoming homeless.
- Hispanic, non-white youth have a 33% higher risk of becoming homeless.
- Unmarried parenting youth have a 200% higher risk of becoming homeless.
- LGBTQ youth have a 120% higher risk of becoming homeless upon coming out to their families.
The disproportionality of youth of color and LGBTQ youth who are homeless coincides with the disproportionality in the other systems the youth may have encountered. These youth are overrepresented in school suspensions and discipline and well as overrepresented in the juvenile justice system.
Human Trafficking
Human trafficking is a major vulnerability for youth who become homeless. Youth who are homeless struggle to survive, and trading sex for money, food or a place to sleep can lead to human trafficking. Further, LGBTQ youth and former foster youth are subjected to human trafficking at higher rates than other homeless youth. The National Center for Missing and Exploited Children estimates that 1 in 7 of the nearly 25,000 youth reported to them as runaways in 2017 were sex trafficking victims and 88% of those youth were in foster care or under social services care when they went missing.
See NCSL’s Human Trafficking State Laws webpage for more information about how states have addressed human trafficking of minors.
Foster Care and Juvenile Justice Youth
Fifty percent of adolescents aging out of foster care and juvenile justice systems will be homeless within six months, according to the National Council of Juvenile and Family Court Judges. Youth who have been involved in both systems, often referred to as dual status or crossover youth, are often unprepared to live independently. They have limited education and no social support and are likely to face barriers to stability and safety. Dual status youth also struggle to comply with the treatment plans required by both systems which can be duplicative and even contradictory. To address this issue, some states have extended foster care and provided transitional services for youth beyond age 18, mandated transition plans for youth exiting the juvenile justice system and have defined or redefined certain status offenses affecting homeless youth.
Foster Youth: Aging out
According to Fostering Youth Transitions: Using Data to Drive Policy and Practice Decisions, 30% of 19- to 21-year-olds who had been in foster care reported experiencing homelessness. Many youth transitioning out of foster care receive minimal support in their transition into adulthood and half of youth who left foster care aged out instead of being reunited with their families. Across the nation, 51% of older youth in foster care age out of the system without any permanent legal connections to family.
Transitional Housing
Some states have addressed homelessness among youth aging out of foster care by providing transitional housing assistance. Transitional services, such as housing assistance, help youth enter adulthood with a roof over their head; however, only 19% of youth aging out of foster care receive room and board assistance.
States Using Title IV-E to Extend Foster Care Beyond 18
Youth who age out of foster care are at increased risk for several adverse outcomes, including but not limited to homelessness, high unemployment rates, low educational attainment, and early or unintended pregnancies. According to a recent Child Trends report, young people in foster care benefit significantly if they are able to stay in extended foster care until they reach their early 20s. Extended foster care is one tool states have implemented to lessen these risks by providing older youth the opportunity to receive services and establish permanent connections with supportive adults prior to leaving the foster care system.
Twenty-eight states and the District of Columbia have extended foster care beyond age 18 under Title IV-E of the Social Security Act, as enacted in the Fostering Connections to Success and Increasing Adoptions Act of 2008.
See Extending Foster Care Beyond 18 for a breakdown of these policies.
Juvenile Justice System Involvement Puts Youth at Risk for Homelessness
Youth who have been involved in the juvenile justice system have an increased likelihood of experiencing homelessness. Similarly, once youth are homeless, they are more likely to encounter the juvenile justice system. Furthermore, having a juvenile delinquency record often makes it harder to find employment post-incarceration, and without employment, youth and young adults often find themselves homeless again.
Youth who are homeless often become involved with the juvenile justice system due to status offenses, or situations that wouldn’t be illegal, but for their age, such as breaking curfew or running away. Youth are also arrested for status offenses, such as sitting or sleeping in a public location. States have addressed the intersection between youth homelessness and juvenile justice involvement in many ways, including redefining status offenses, decriminalizing the survival aspects of being homeless (e.g., sitting or sleeping in public) and regulating how youth are discharged from the juvenile justice system.
States that Classify Running Away and Truancy as Status Offenses
States generally define status offenses as acts prohibited by law which would not be prohibited if committed by an adult. Federal regulation defines a status offender as a juvenile who has been charged with or adjudicated for conduct which would not be a crime if committed by an adult. According to the Office of Juvenile Justice and Delinquency Prevention, status offenses are also referred to in statute as status offenders, children in need of aid, incorrigible children, children requiring assistance, children in need of supervision, undisciplined juveniles, unruly children or wayward children. Status offenses that disproportionately impact homeless youth include running away and truancy. All 50 states classify running away and/or truancy as a status offense.
States with Transition Plans for Youth Exiting the Juvenile Justice System
Lack of transition planning increases the risk of youth becoming homeless upon release from the juvenile justice system. According to the National Institute of Corrections, transition planning is “a process that culminates in a youth’s return to the community in a way that promotes the greatest likelihood of sustainable success...generally meant to represent a set of practices or activities that support the goal of successful reentry.” As shown in the map below, 29 states have mandated transition planning for youth exiting the juvenile justice system.
- Washington requires that a juvenile only be released from the juvenile justice system into the custody of a responsible adult or the Department of Social and Health Services.
- Texas directs the Texas Youth Commission to develop a comprehensive plan for the successful reentry and reintegration of released youth, as well as a reentry and reintegration plan for each committed youth. The plan must include housing assistance and family counseling as needed. Youth must be provided clothing, transportation to the home or county in which a suitable home or employment has been found, and an amount of money as determined by the commission.
- Nebraska requires treatment plans, including reintegration planning, to be developed for all youth exiting the juvenile justice system. The Office of Juvenile Services is directed to promulgate rules and regulations for the discharge of committed youths and the coordination of parole and aftercare services.
Source: True Colors United
Additional Resources
Disclaimer
Links to external websites and reports are for informational purposes only and do not indicate NCSL’s endorsement of the content on those sites.
Educational Protections
Homeless youth often have trouble enrolling, attending and succeeding in school. For many youth, acts of survival overtake the norms of school life, and even if their most essential needs are met, some struggle with not having clean clothes, transportation or a quiet place to study. As a result, homeless youth have significantly lower high school graduation rates than the general population and face extraordinary barriers accessing higher education.
Under the McKinney-Vento Homeless Assistance Act of 1987, homeless youth are legally entitled to receive the same education as students with stable housing. Some states have incorporated the act into their state codes and have enacted other laws to help ensure homeless students can earn an education. Such laws include, but are not limited to, requiring schools to award partial credit to homeless youth who must transfer schools, mandating post-secondary institutions to designate or hire homeless youth liaisons and providing housing and other supports to college students who are homeless.
McKinney-Vento Act: Education Protection Provisions
Amended in 2015 by the Every Student Succeeds Act of 2015 (ESSA), McKinney-Vento provides homeless youth with various rights, including the right to continue attending school at their school of origin, the right to be immediately enrolled in a new school, free transportation to and from school, the ability to participate in all programs and services offered to other students and the right to not be separated from other students. McKinney-Vento also ensures that the privacy of youth who are homeless is respected.The ESSA amendments require schools to be accountable for the educational outcomes of homeless students, including preschool children, and mandates schools track and report high school graduation rates of homeless students.
McKinney-Vento Act: Dispute Resolution Procedures
Homeless youth and their families have the right to formally dispute educational decisions in violation of McKinney-Vento. Dispute-resolution processes help ensure procedural safeguards for homeless students and their families when challenging a school’s decision. At least 13 states (Georgia, Indiana, Iowa, Kentucky, Massachusetts, Missouri, Nebraska, Oregon, Pennsylvania, Tennessee, Virginia, West Virginia and Wyoming) have safeguarded equal access to education for youth who are experiencing homelessness by adopting McKinney-Vento dispute-resolution provisions into state law. Other states use agency rules, rather than statute, to outline the process for appealing a school’s decision under the act.
The National Law Center on Homelessness and Poverty describes states’ McKinney-Vento Act dispute resolution procedures:
- Oregon requires every school district to have a dispute resolution process in place so homeless students can appeal placement determinations. Oregon allows individual school districts significant control over how they implement their processes.
- Utah’s State Office of Education has adopted a complaint resolution procedure that includes the duty of the school district to inform the youth of his or her right to dispute a school’s decision. In Utah, disputes need not be in writing, and the school’s homeless liaison must provide a list of free or low-cost legal and advocacy services to assist the family with its dispute.
- South Carolina outlines the process that must occur if disputes cannot be resolved at the school district level. The school district is required to notify families of their right to dispute any educational decisions with the South Carolina State Department of Education. Disputes can be requested by telephone or in writing using the Department of Education’s request for review form. School districts must inform families of their right to engage an attorney in the dispute process.
Graduation Rates
Under the ESSA, states are required to report graduation rates of homeless students. According to the National Center for Homeless Education, the national average graduation rate for homeless students is 64%, as compared to 84.6% for all students. In Alaska, 78% of all students graduate within four years of beginning high school whereas 56.3% of homeless students graduate on time. In Kansas, 86.9% of all students graduate on time and 66.3% of homeless students graduate on time. For Delaware, the graduation rates for homeless youth are almost in line with the graduation rates of all students with 81.3% of homeless youth in Delaware graduating within four years and 84.7% of all students in Delaware graduating on time.
According to SchoolHouse Connection, at least 11 states have implemented laws to increase the graduation rate among homeless high school students. For example, Connecticut requires school districts to inform homeless youth that they can request a hearing when denied enrollment at a school. School districts must also ensure youth are able to continue attending the school to which they are seeking enrollment during the dispute process. As shown below, at least seven states allow students to receive partial credit upon transferring schools due to homelessness.
- California requires local educational agencies to accept coursework satisfactorily completed by homeless youth while attending another school even if the youth did not complete the entire course and requires the school to provide full or partial credit for the coursework completed.
- Kentucky requires schools to award and accept credit, including partial credit, for all coursework satisfactorily completed by a student while enrolled at another school.
- New Mexico requires schools to provide partial credit for any work completed by homeless students who then transfer schools regardless of whether the transfer occurred at the end of a grading period.
- Nevada requires schools to identify homeless high school students and award full or partial credit for coursework completed by the student regardless of when and where the credit was earned or how long it took for the credit to be earned.
- Oregon requires schools to accept any credits earned by homeless students in another school and apply those credits toward graduation requirements if the credits satisfied graduation requirements at another school.
- Texas requires that students receive partial credit for coursework completed, including electives, upon transitioning to a new school while homeless.
- Washington requires school districts to consolidate incomplete coursework and provide opportunities for credit accrual in a manner that eliminates academic and nonacademic barriers for homeless students.
Source: SchoolHouse Connection
Homeless College Students
At least nine states (California, Colorado, Florida, Louisiana, Maryland, Minnesota, Nevada, Tennessee and Washington) have implemented policies to help homeless college students attain degrees. Legislative options taken include (1) offering tuition and fee waivers and in-state tuition rates to homeless college students; (2) requiring colleges to designate or hire liaisons to better serve homeless students; (3) requiring colleges to provide housing and meal support; and (4) offering priority enrollment in college for homeless youth.
Financial Assistance
Most youth and young adults need financial assistance to attend college. This is particularly true for homeless youth. To receive federal financial assistance, students must submit the Free Application for Federal Student Aid (FAFSA), which can be daunting, even with the assistance of an adult. Generally, youth and young adults must include their parents’ income when filling out the FAFSA application. Youth who are homeless, however, are not required to include their parent’s income on FAFSA applications. School liaisons must inform unaccompanied homeless youth of their independent status when filling out the FAFSA.
According to SchoolHouse Connection, at least six states (California, Colorado, Florida, Louisiana, Maryland and Nevada) exempt homeless students from paying tuition and fees or give residency status and in-state tuition rates to homeless students.
Tuition and/or Fee Waivers for Homeless College Students
California exempts homeless students from paying community college student fees, while Florida waives tuition and fees at all Florida College System institutions and state universities. Maryland does the same, provided that the youth is younger than 25 and has filled out the FAFSA. Nevada waives tuition and fees for all homeless residents provided they maintain at least a 2.0 GPA each semester. The tuition waivers are good for a period of 10 years from the time the youth begins college.
In-State Tuition Rates for Homeless College Students
Colorado allows youth experiencing homelessness to determine their own domicile for purposes of establishing in-state tuition status. Finally, Louisiana authorizes its public postsecondary education institutions to grant resident status to youth who are homeless and 19 years old or younger. The youth may have been homeless at any time during the two years immediately preceding his or her enrollment in college.
On-Campus Services
Liaisons to Homeless College Students
At least four states (California, Louisiana, Tennessee and Nevada) have mandated colleges to designate or hire liaisons to help homeless college students succeed in college. Liaisons are expected to inform homeless students about options for financial assistance, offer mentoring programs, coordinate with food and clothing banks or establish such resources on college campuses, and establish housing plans for students experiencing homelessness when campus housing is not available.
Housing
At least three states (California, Louisiana and Tennessee) provide for priority housing to homeless and formerly homeless youth. California requires its universities to provide year-round housing and requests that its community colleges do the same. Louisiana requires its colleges to provide access to student housing during school breaks. Tennessee requires colleges to provide access to housing benefits to students who are homeless. Such benefits include priority for housing placement and placement in housing that remains open when school is not in session. In addition, at least three states (California, Minnesota and Washington) ensure their students experiencing homelessness have access to rapid rehousing, meal donation programs and transportation assistance.
Priority Enrollment
To increase college enrollment and graduation rates for youth who are homeless, California enacted the Success for Homeless Youth in Higher Education Act, which gives priority enrollment to homeless youth in the University of California system and California community colleges. This allows youth who are homeless to sign up for classes that fit their transportation and scheduling needs before classes fill with students from the general population.
Additional Resources
Disclaimer
Links to external websites and reports are for informational purposes only and do not indicate NCSL’s endorsement of the content on those sites.
Legal and Procedural Barriers
Homeless youth often face legal and procedural barriers to creating safe, stable and healthy lives. Common barriers include obtaining government-issued photo identification cards, entering into contracts for shelter and other services, and receiving medical care without a parent or guardian. Without legal identification or a permanent address, homeless youth also experience challenges obtaining employment and accessing cash, food assistance and other public benefits. Some states have passed legislation to break down these barriers.
State-Issued Identification Cards
Everyone, including youth experiencing homelessness, needs a government-issued identification card or driver’s license to apply for housing, open a bank account or receive public assistance. Without an identification card, homeless youth are unable to access services, shelter and treatment intended to help them become stable. Youth younger than 18 often need a parent or guardian’s signature or a parent or guardian to be present when applying for the identification. Furthermore, many states require fees and proof of residency to apply for state-issued identification cards. A government-issued identification card is required to obtain a copy of a birth certificate—something many youths who are homeless do not have. Some states have taken measures to remove these barriers, including the following:
- Waiving or reducing fees for non-driver identification cards and/or birth certificates.
- Allowing applicants to prove residency with a signed affidavit, regardless of homeless status.
- Allowing applicants to submit an affidavit or certification of homeless status as documentation of residency.
- Waiving the requirement that a parent or guardian be present.
According to the National Law Center on Homelessness and Poverty’s 2019 Alone Without a Home report, 14 states waive or reduce fees for non-driver identification cards for unaccompanied youth experiencing homelessness. California, Connecticut, the District of Columbia, Florida, Hawaii, Illinois, Michigan, Nevada, North Carolina and Utah waive fees for individuals experiencing homelessness. Georgia, Maryland, New York and Vermont reduce fees.
Source: Alone Without a Home
Contracting
The right to enter into contracts is fundamental for youth transitioning to adulthood because without the right, they are unable to sign a lease or establish a bank account. Youth generally are granted the rights of adults in one of three ways: (1) by reaching the age of majority, as determined by statute in each state; (2) by marriage, which often requires parental or judicial consent if both parties are younger than the age of majority; and (3) by emancipation, a legal process by which the disability of age is removed, and the youth is declared an adult.
Many states have loosened or removed barriers allowing homeless youth the right to enter into contracts. At least 30 states have a statutory process for youth younger than 18 to be emancipated; however, in 25 of those states, parental consent is required or cannot be waived. Once emancipated, youth are legally liable for and able to contract for their own services and necessities without the assistance of a parent or guardian.
According to the Alone Without a Home report, at least 20 jurisdictions allow youth to enter into contracts. At least 15 jurisdictions allow minors to contract for necessities, four jurisdictions allow minors to sign for their own student loans, and at least 34 jurisdictions give minors the right to obtain life and health insurance.
Consent for Housing and Related Services
Some state legislatures have enacted policies that allow homeless youth to enter into contracts and consent for housing and shelter services. Oregon, for example, allows pregnant or parenting youth to apply for and contract for housing without a parent or legal guardian. Indiana allows shelters to provide services to homeless youth without notifying parents or guardians. Missouri allows homeless youth ages 16 or 17 to apply for admission to a shelter, contract for housing, apply for employment, high school or college admission, establish a bank account, obtain medical care, purchase a vehicle, apply for student loans, and receive domestic violence or sexual assault victim services.
Medical Care
In some states, youth do not have the right to consent for health care, which limits their ability to access preventative and emergency health care when they need it. According to SchoolHouse Connection, at least 29 states allow minors to consent for health care. Some states allow youth older than 14 to consent for medical, dental or mental health services. Other states allow youth to consent for the same services, provided they are living separate from their parents or legal guardians.
- Alabama allows youth age 14 or older to consent to legally authorized medical, dental or mental health services.
- Florida allows unaccompanied homeless youth age 16 and older to consent to medical, dental, psychological, substance abuse and surgical diagnosis and treatment, including preventative care for themselves or their child, if the youth is unmarried and has custody of the child.
- Maine allows minors to consent to medical, mental, dental and other health counseling and services if the minor is living separately, independent of parental support, married, emancipated, or is a member of the armed forces.
Source: SchoolHouse Connection
Public Assistance
Temporary Assistance for Needy Families
Temporary Assistance for Needy Families (TANF) is designed to help families achieve self-sufficiency.
To receive TANF, certain requirements must be met. First, the recipient must have a minor child or be pregnant. Second, the recipient must cooperate in establishing paternity and participate in the state’s child support program. Third, the recipient must sign over any child support collected to the state, up to the total amount of cash assistance received. Fourth, any youth who has not reached the age of 18 must attend high school or another alternative educational training program. Finally, recipients younger than 18 must live in an adult-supervised living arrangement.
At least 16 states and the District of Columbia explicitly require minors receiving public assistance to live in an adult-supervised environment; however, most states provide an exception to the requirement. For example, California provides an exception if the youth has no parent or legal guardian or the youth is not allowed to live in the family home. California also provides an exception if the youth has lived apart from his or her parent for at least one year before their child is born. California provides youth with TANF payments for child care, transportation and school expenses and also provides cash bonuses for good grades and a $500 bonus upon completion of high school or an equivalent program.
Georgia also provides an exception to the adult-supervised living environment requirement if the youth does not know the whereabouts of his or her parent or legal guardian, is not allowed to live in their parent or guardian’s home, or if the department of human services otherwise determines that there is good cause to make an exception.
Source: Alone Without a Home
Supplemental Nutrition Assistance Program
States have implemented laws to assist minors receiving Supplemental Nutrition Assistance Program (SNAP) benefits, also known as food stamps. SNAP provides benefits to eligible low-income individuals and families. To be eligible, most households must meet certain income and resource limits. Homeless youths can apply for SNAP benefits on their own, without having to account for their parents’ or guardians’ income.
Legal Representation
Homeless youth often face legal and procedural barriers, including accessing an education or pursuing emancipation from their parents or legal guardians. They also face barriers to obtaining government-issued photo identification cards, entering into contracts for shelter and other services and contracting and consenting to receiving medical care without a parent or guardian. Without legal identification or the ability to contract, homeless youth also experience challenges obtaining employment and accessing cash, food assistance and other public benefits. Oftentimes, youth are denied public assistance due to a procedural error in their application and may then want to appeal their denial of benefits.
States have passed legislation to break down some of these barriers, yet many legal and procedural barriers still exist. Youth who are homeless may find access to civil legal aid attorneys crucial on their path to stability. Some ways in which attorneys can help homeless youth navigate legal and procedural barriers include:
- Access to school. Youth may have difficulty attending or enrolling in school when homeless. An attorney can help challenge a school’s decision under the McKinney-Vento Act, such as whether a student is homeless, which school a youth can attend, which programs they can participate in and whether fees should be waived. A lawyer can help challenge whether paperwork is required before enrollment or whether a school must provide transportation. Attorneys can file paperwork and accompany youth at hearings and advocate for their right to an education.
- Emancipation proceedings. Legal processes can be intimidating for just about everyone. Youth experiencing homelessness are particularly vulnerable to being unprepared to enter a legal proceeding. Civil attorneys are available in some jurisdictions to help youth file court documents when seeking emancipation from their parents or legal guardians.
- Public benefits. Applying for public assistance can be a complex process, and applicants are sometimes denied benefits due to missteps in the process. Applicants, including homeless youth, can be overwhelmed by the process and decide not to challenge a denial of benefits that they would otherwise qualify for. Legal aid programs are available in some areas to help homeless youth complete the appeals process.
- Criminal record expungement. Delinquency and criminal records can be a significant barrier to stability for youth who are homeless. Such records may affect a youth’s ability to find a job, access housing, apply for public benefits or student loans or earn an occupational license. Criminal records may also cause youth mental and emotional stress knowing their records will follow them for the rest of their lives, if they do not file for expungement. Attorneys can assist youth with expunging their juvenile and criminal records and help them on their way to achieving stability.
Disclaimer:
Links to external websites and reports are for informational purposes only and do not indicate NCSL’s endorsement of the content on those sites.
Systems Coordination
The complex nature of youth homelessness makes it difficult for any single government entity to effectively meet the challenge of ending youth homelessness. Officials at all levels of government are working with stakeholders in many sectors—including child welfare, health care, housing, education and criminal justice—to better understand the nature and scope of youth homelessness. Their recent efforts focus on improving collaboration among these systems to better meet the needs of youth experiencing homelessness and those at risk of becoming homeless.
Some states are addressing youth homelessness by establishing coordinating bodies to define the problem in their state and study policy options. States have established offices of youth homelessness, youth action boards and coordinating councils. They have also established, through legislation and executive order, interagency councils on homelessness modeled after the United States Interagency Council on Homelessness (USICH).
United States Interagency Council on Homelessness
The USICH was created by the McKinney-Vento Act in 1987 to coordinate the federal government’s collaborative response to homelessness. It works in partnership with 19 federal agencies and a national network of state and local affiliates. In 2010, the council announced its goal to end youth homelessness by 2020 as part of its Opening Doors Strategic Plan, the nation’s first comprehensive homelessness strategy. The USICH’s 2012 Framework to End Youth Homelessness expands upon specific supports and strategies for meeting its homeless youth goals. In 2015, the USICH announced its vision for a community response to youth homelessness, which identified four core outcomes and instructions for the system collaboration necessary to achieve those goals. In 2017, the council also established criteria and benchmarks to assess progress toward ending youth homelessness. The criteria and benchmarks were updated in 2018.
U.S. Interagency Council on Homelessness
Federal Member Agencies
| Department of Health and Human Services |
Department of Education |
Department of Labor |
Department of Housing and Urban Development |
Department of Veterans Affairs |
| Department of Agriculture |
Department of Commerce |
Department of Defense |
Department of Energy |
Department of Homeland Security |
| Department of Interior |
Department of Justice |
Department of Transportation |
Department for National and Community Service |
General Services Administration |
| Department of Management and Budget |
Social Security Administration |
United States Postal Service |
White House Faith and Opportunity Initiative |
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State Offices of Youth Homelessness
To prevent youth homelessness and meet the needs of youth experiencing homelessness, some states have created state agencies, offices or cabinets dedicated to the issue. Colorado and Washington are examples of states with an office of youth homelessness.
Colorado’s Office of Homeless Youth Services was statutorily created for the purpose of providing information, coordination and support services to public and private entities serving homeless youth. Colorado’s office also provides technical assistance to service providers and maintains a list of the legal rights of homeless youth, as well as organizations that provide legal, educational and other services to youth who are homeless.
The Washington Office of Homeless Youth Prevention and Protection Programs, created in 2015, is responsible for leading efforts to coordinate a spectrum of funding, policy and practice efforts related to improving the safety, health and welfare of homeless youth. The office’s goals include decreasing the number of homeless youth and young adults in the state by identifying programs that address the initial causes of homelessness and increasing permanency rates among youth already experiencing homelessness.
Youth Action Boards
At least six states (California, Colorado, Connecticut, Maryland, Minnesota and Washington) maintain a youth action board or council that informs youth homelessness policy and decision-making in order to prevent and end youth homelessness. Youth action boards are comprised of youth who are currently or have been homeless. Youth action boards incorporate youth consultation and youth voice in policy and practice discussions to end youth homelessness. Members participate in workgroups, engage in legislative advocacy and educate schools and other organizations on how to identify and support youth who are experiencing homelessness. The youth on these boards are seen as experts on the issue of youth homelessness and help direct the implementation of the state Continuum of Care programs.
U.S. Department of Housing and Urban Development’s Youth Homelessness Demonstration Program
Cities and counties across the country also maintain youth action boards as part of the U.S. Department of Housing and Urban Development’s Youth Homelessness Demonstration Program (YHDP). The YHDP is designed to provide federal funding to local communities to reduce youth homelessness. As part of the program, recipient communities must form youth action boards comprised of various community stakeholders and led by current or formerly homeless youth.
Boards include housing service providers, child welfare and juvenile justice systems, schools and workforce development organizations. Part of a board’s role is to access vulnerable populations in the community and develop a plan to combat youth homelessness. Services provided at the community level include, but are not limited to, rapid rehousing, permanent supportive housing, transitional housing and host homes for homeless youth. For a list of the communities that received a 2019 YHDP grant for, see HUD’s Youth Homelessness Demonstration Program Community Selection Announcement.
Interagency Councils on Homelessness and Statewide Coordinating Councils
At least 34 states have or had an interagency council on homelessness or other coordinating body to address homelessness. Most of these councils and coordinating bodies produce research and recommendations to address youth experiencing homelessness.
In 2015, the Texas legislature passed HB 679, requiring the Texas Department of Housing and Community Affairs and the Texas Interagency Council for the Homeless to conduct a study and submit a report with recommendations to the legislature. That report, released in December 2016, included the recommendation to remove bureaucratic barriers for homeless youth, such as easing access to state identification cards and assisting with higher education and job training. During the 2019 legislative session, Texas considered 12 bills to remove these barriers. Four bills were enacted addressing the following topics: (1) issuance of personal identification documents for foster children, homeless children or youth and unaccompanied youth; (2) suspension of students who are homeless from public school; (3) appropriate disciplinary actions for public school students who are in foster care or are homeless; and (4) addressing the needs of homeless youth.
For more information on how states have worked with stakeholders in the fight against youth homelessness, read NCSL’s 2019 LegisBrief “Partnering to End Youth Homelessness.”
Additional Resources
Disclaimer
Links to external websites and reports are for informational purposes only and do not indicate NCSL’s endorsement of the content on those sites.