The definition of homeless in the McKinney-Vento Act includes children and youth who lack a nighttime residence that is Fixed (stationary, permanent, not subject to change), Regular (used on a nightly basis), and Adequate (sufficient for meeting the physical and psychological needs typically met in a home environment).
The definition continues with examples of situations that are fairly common among homeless families and youth, including children and youth Sharing the housing of others due to loss of housing, economic hardship, or a similar reason; Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; Living in emergency or transitional shelters; Abandoned in hospitals; Awaiting foster care placement.
The definition’s examples continue with children and youth: With a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and Who are migratory children living in circumstances described above. [42 USC §11434a(2)]
Not all doubled-up situations are considered homeless. Note the key phrase in the example in the definition: “sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason.” To be eligible for McKinney-Vento services, a child or youth living doubled-up must have lost housing or experienced a crisis.
An unaccompanied youth is a youth not in the physical custody of a parent or guardian. [42 U.S.C. § 11434(a)(6)] To be eligible for McKinney-Vento services, an unaccompanied youth must fit the definition of homeless in the McKinney-Vento Act. Note: not all unaccompanied youth are considered homeless; an unaccompanied youth is eligible for services only if he or she lacks a living situation that is fixed, regular, and adequate.
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