Foster Care and Homelessness

Foster care and homelessness are undoubtedly connected. Roughly half of the homeless population in the United States has spent time in foster care at some point in their lives (Johnson, 2022). According to Youth.gov, “Young people (ages 24 and under) may be the age group most at risk of becoming homeless…youth experience homelessness for a multitude of reasons, but involvement in the juvenile justice or child welfare systems, abuse, neglect, abandonment, and severe family conflicts all have been associated with increased risk of experiencing homelessness” (“Homelessness and Housing Instability". n.d.).

Teenage youth in foster care are a particularly vulnerable population. Typically, county children and youth agencies (CCYAs) experience difficulty when trying to place teenagers with foster families. Teenage foster youth often live in group homes, emergency shelters, independent living settings, and sometimes residential treatment facilities (RTFs) when appropriate. This can make it challenging to secure permanency through adoption or guardianship before they “age out.”

Youth exiting the foster care system can struggle with obtaining the resources and support necessary to transition into adulthood. According to the National Foster Youth Institute (n.d.), 20% of youth who leave the foster care system at 18 instantly become homeless, and 25% of youth experience homelessness within 4 years of leaving the foster care system. Many youth who leave foster care without a legal parent/guardian may be eligible for services under the federal McKinney-Vento Homeless Assistance Act as homeless unaccompanied youth if still enrolled in a public school.

Aging out refers to when youth in foster care turn a certain age without obtaining permanency and are no longer eligible for foster care services. This age varies by state but typically falls between 18-23. In PA, youth can remain in foster care until age 21 but may receive aftercare services until age 23, depending on eligibility.

Foster Care, Homelessness, & Education

In U.S. public schools, the Every Student Succeeds Act (ESSA) offers protections for all students in the foster care system, and the McKinney-Vento Homeless Assistance Act provides rights to students experiencing homelessness. It may be challenging for local education agencies (LEAs) to differentiate between whether a child is currently eligible for rights under ESSA or the McKinney-Vento Act. To do so, both LEA foster care points of contact (POCs) and homeless liaisons must be well-versed in the definitions of homelessness/unaccompanied homeless youth under the McKinney-Vento Act, as well as common foster care terminology.

A table of 5 glossary terms. 1) McKinney-Vento Act Defines homelessness as lacking a fixed, regular, or adequate nighttime residence due to a precipitating event* Living situations that fall under the Act include: Living in shelters or transitional housing Living in cars, parks, public spaces, or substandard housing Sharing the housing of others due to loss of housing or economic hardship (doubled-up) Living in hotels, motels, trailer parks, or campgrounds due to a lack of alternative accommodations Migrant youth living in any of these situations *Except for students that fall under the definition of unaccompanied homeless youth 2) Unaccompanied Homeless Youth Children and youth who are not in the physical custody of a legal parent or guardian and lack a fixed, regular, or adequate nighttime residence 3) Foster Care A county-level system managed by local CCYAs in which minors are placed by court order into out-of-home, 24-hour substitute care after being removed from their home due to neglect/abuse The CCYA maintains custody and is responsible for out-of-home placement Examples of placement options: foster homes with foster parent(s), kinship care (foster homes with an approved relative), group homes, emergency shelters, residential treatment facilities (RTFs) 4) Formal Kinship Care An arrangement formalized through the local CCYA and dependency court in which the CCYA is granted legal custody of the child and then places the child with a family member or an individual who has a close relationship with the family 5) Informal Kinship Care An informal arrangement agreed upon by the biological/legal parent in which a family member or an individual who has a close relationship with the family cares for the child Not a foster care placement; the CCYA does not take legal custody

When deciding whether a student is eligible under ESSA or the McKinney-Vento Act, an important first step is determining if the CCYA has legal custody of the child. In cases where the CCYA has legal custody, the child will always be considered a foster care student eligible under ESSA. Foster care students are identified by their CCYA. Normally, CCYAs send a placement notification form to the student’s school of origin (SOO) to inform the LEA of a foster care placement or change in placement, and to initiate a school placement best interest determination (BID) meeting.

If the CCYA does not have legal custody and the child temporarily resides outside their home, the child may be eligible for services under the McKinney-Vento Act. A source of confusion when differentiating between ESSA and McKinney-Vento eligibility is the fact that many homeless families can have involvement with the child welfare system without their children being placed into foster care. For example, if a child stays temporarily with another family member through an informal kinship care arrangement, the child could be eligible under the McKinney-Vento Act, not ESSA. As previously mentioned, older students may have experience in foster care and were once eligible under ESSA. Once these students leave foster care, they may be living on their own without a legal parent/guardian. Many of these students can then find themselves in potential homeless situations covered under the McKinney-Vento Act.

Ultimately, each student’s situation should be reviewed on a case-by-case basis. The Region 2 Office can assist LEAs when differentiating between foster care and homelessness.

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