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Unaccompanied Youth |
Q. How does the McKinney-Vento Act define "unaccompanied youth"? Is there an age range? |
| A. Unaccompanied youth is defined as a youth not in the physical custody of a parent or guardian. 42 U.S.C. §11434A(6). The Act does not provide an age range. |
Q. Is there an age limit on serving secondary students generally? |
| A. The McKinney-Vento Act applies to children and youth age 21 and under, consistent with their eligibility for public education services under state and federal law. 2003 Guidance, p. 27. State laws vary, but generally provide access to all students until high school graduation or equivalent, or until age 18 (or over in some states). For special education students, federal law provides the right to access services until age 22. 20 U.S.C. §1412(a)(1)(A). |
Q. Are unaccompanied youth able to enroll in school without a parent or guardian? |
| A. Yes. Unaccompanied youth are able to enroll in (including attending) school without the presence of a parent or guardian. 42 U.S.C. §11432(g)(1)(h), (g)(1)(I). |
Q. Must schools enroll youth in school without proof of guardianship? |
| A. Yes. Lack of guardianship papers cannot delay or prevent the enrollment of an unaccompanied youth. 42 U.S.C. §§11432(g)(3)(C), (g)(1)(H)(iv), (g)(1)(F)(ii). States and school districts have established different procedures for enrolling youth. Some permit the youth to enroll himself or herself; some have the liaison handle enrollment; others use caregiver forms to allow adult caregivers to enroll youth. The McKinney-Vento Act requires states and school districts to eliminate barriers to enrollment and retention and to enroll unaccompanied youth in school immediately. 42 U.S.C. §§11432(g)(1)(I), (g)(7). School districts may adopt their own policies to meet these mandates. |
Q. Are unaccompanied youth able to enroll in school without a parent or guardian? |
| A. Yes. Unaccompanied youth are able to enroll in (including attending) school without the presence of a parent or guardian. 42 U.S.C. §11432(g)(1)(h). |
Q. Can a school require a caregiver to get legal guardianship to enroll a student in school? ||
| A. No. The McKinney-Vento Act requires states to address the problem of guardianship issues in school enrollment and requires school districts to enroll youth in school immediately, even if they lack typically required enrollment documents. 42 U.S.C. §§11432(g)(3)(C), (g)(1)(H)(iv), (g)(1)(F)(ii). The decision to seek legal guardianship is a serious decision that significantly affects the legal rights of the parent and caregiver well beyond the school arena. While that step will be appropriate in some cases, it will not be in others. |
Q. Who can make educational decisions for an unaccompanied youth? |
| A. States and school districts have established different procedures for educational decision-making. Some permit the youth to make educational decisions on his/her own behalf; some vest the liaison with that authority; others use caregiver forms to allow adult caregivers to make such decisions. The McKinney-Vento Act requires states and school districts to eliminate barriers to enrollment and retention and to enroll unaccompanied youth in school immediately. 42 U.S.C. §§11432(g)(1)(I), (g)(7). School districts may adopt their own policies to meet these mandates. It should be noted that the Individuals with Disabilities Education Act (IDEA) has its own rules and procedures for appointing a "surrogate parent" to make special education decisions for minors, where a parent or legal guardian is not available (see "Special Education", below, for more information). |
Q. Do schools have to contact the police when enrolling unaccompanied youth? |
| A. State law determines the obligation of a school liaison or service provider concerning unaccompanied youth. The McKinney-Vento Act requires schools to enroll unaccompanied youth in school immediately. 42 U.S.C. §11432(g)(3)(C). Since the Act requires school districts and states to eliminate barriers to enrollment and retention in school, schools should exercise care and concern when contacting social services or law enforcement agencies. 42 U.S.C. §§11432(g)(1)(I), (g)(7). Liaisons should work with police and social services to keep the youth in school and to serve the student's best interest, recognizing that most unaccompanied youth have fled abuse or severe dysfunction in their homes (see Question 58). In many cases, unaccompanied youth will be in the care of an adult, and there will be no reason to suspect neglect or abuse. It is likely that state mandatory reporting laws would not require contacting police in such cases. However, if school personnel have a reasonable suspicion of child abuse, state law may require staff to contact local social services or police. If this is the case, a liaison or school counselor should work with the youth to support him or her and avoid casting the school as an agent of punishment. Where state law provides a choice, as most do, schools should contact social services rather than the police. Social services agencies should have the training and facilities to respond more appropriately to such reports. |
Q. What if an unaccompanied youth gets injured in school? How will the child receive medical care without a parent? Will the school be liable? |
| A. If an unaccompanied youth has a medical emergency, the school can contact the local emergency room. Medical professionals should be familiar with the rules to treat minors and will respond appropriately to medical emergencies. Liability for injuries is based on a party's failure to exercise reasonable care. By exercising reasonable care in creating a safe environment and responding appropriately to medical emergencies, the school can help protect itself from liability. In any event, such concerns do not relieve the school of its responsibilities under the McKinney-Vento Act. Indeed, if a school violates the Act by refusing to enroll an unaccompanied youth in school, and the youth is subsequently injured off school grounds, the school could face liability for having turned the youth away. As state laws vary regarding the rights of minors to receive medical care without a parent or guardian, liaisons and other advocates may with to contact the Center on Adolescent Health and the Law (www.cahl.org) or state/local resources for more information. |
Q. If runaway youth would just clean their rooms and turn down their music, they could live at home; why should we encourage their bad behavior? |
| A. Most runaway youth, especially those who are on the streets a significant length of time, have fled from abusive homes for their own survival. Some leave home without a parent's permission; others are forced out of their homes by their parents or guardians. Studies of unaccompanied youth have found that 20 to 50 percent were sexually abused in their homes, while 40 to 60 percent were physically abused. Severe dysfunction in the home is also common. Forty percent of callers to the National Runaway Switchboard identified negative family dynamics as the leading reason for leaving home. For example, over two-thirds of unaccompanied youth surveyed in a recent study reported that at least one parent abused drugs or alcohol. Many young people are not welcome in their parents' or guardians' homes due to their sexual orientation or identity, pregnancy, or other types of family conflict. Youth often leave home to remove themselves from an immediately painful situation, but without plans for what to do next. 5,000 runaway youth die every year from assaults, illness, or suicide. Yet many runaway youth continue to value education and the opportunities, safety, and stability it provides. Excluding these youth from school will harm them and society. |
Q. Can unaccompanied youth apply for federal financial aid (through the FAFSA) without providing information about their parents' income and their parents' signature? |
A. Yes. Under the Higher Education Act, youth who meet the definition of "independent student" can apply for federal aid without parental information or signature. Starting with financial aid received after July 1, 2009 (in other words, for youth applying for aid during the 2008-2009 school year), unaccompanied youth will automatically be considered independent students. A McKinney-Vento liaison, HUD or Runaway and Homeless Youth Act shelter director (or designee), or a financial aid administrator must verify that the youth meets the McKinney-Vento definition of unaccompanied youth. In addition, any youth who is unaccompanied, at risk of homelessness, and self-supporting will also be considered an unaccompanied youth.
In the meantime, unaccompanied youth can still be considered independent students, with advocacy. A financial aid administrator at a college can designate a student as independent due to "other unusual circumstances." Homelessness or separation from parents can be considered an unusual circumstance. McKinney-Vento liaisons and unaccompanied youth have worked with financial aid administrators to have unaccompanied youth designated as independent. Contact the financial aid administrator at the college of your choice for more information. 20 U.S.C. §1087vv(d). |
Q. Can unaccompanied youth enroll in Job Corps without parental approval? |
| A. With advocacy, yes. Job Corps is a comprehensive residential, education and job training program for at-risk youth, ages 16 through 24. It provides academic, vocational, and social skills training to nearly 70,000 students a year, at 118 different sites. Youth who are homeless are eligible for Job Corps. Although the Job Corps law does not require a parent's or guardian's signature for a youth to participate, federal Job Corps policy does. However, Job Corps programs can waive that requirement for youth who have no parent or guardian, cannot find a parent or guardian, or are legally emancipated. The requirement can also be waived for youth whose parents are not willing to sign, as long as they do not object to the youth participating. McKinney-Vento liaisons have used this exception to advocate successfully for unaccompanied youth to participate in Job Corps without a parent's signature. For more information about this program, download "Legal Tools to End Youth Homelessness" from this site. 20 C.F.R. §664.200; 29 U.S.C. §2884(3)(C); Job Corps Policy Requirements Handbook; 29 U.S.C. §2801(25). |
Q. How can the Runaway and Homeless Youth Act help unaccompanied youth? |
| A. The Runaway and Homeless Youth Act can help youth in many ways. First, it contains a Basic Center Program that supports emergency shelters for up to 15 days for unaccompanied youth under 18 years old. Second, the law supports Transitional Living Programs for youth, which provide long-term housing for up to 18 months and life skills for youth 16-21 years old. Third, the law contains a Street Outreach Program to provide outreach and services to youth on the streets. Lastly, the law funds the National Runaway Switchboard, trainings for youth workers, and other information and supports. Runaway and Homeless Youth Act programs are required to provide youth with information about the McKinney-Vento Act and to collaborate with their local school district liaisons. For more information about this program, download "Legal Tools to End Youth Homelessness" from this site. 42 U.S.C. §§5701 et seq.; 42 U.S.C. §5712(b)(3); 45 C.F.R. §1351.18(e). |
Q. Can unaccompanied youth receive Temporary Assistance for Needy Families (TANF) without their parents? |
A. Yes. TANF provides a monthly cash payment to low-income families. Unaccompanied youth who are pregnant or have children may be eligible to receive TANF benefits. To receive benefits, youth must participate in school, a GED program, work, or job training while they are pregnant and after their child is 12 weeks old. Youth who receive TANF benefits are also eligible for childcare assistance during school and work hours.
Unaccompanied youth have the right to submit a TANF application on their own. However, to receive benefits, youth must live with a parent or legal guardian, another adult relative, or in another approved living situation. To be approved, a living situation usually has to be supervised by an adult: for example, a group home for pregnant or parenting teenagers should qualify. The law allows a state to approve other living situations, such as independent living programs, in certain cases, if the youth is in a safe living situation that meets her needs. The state must assist the youth in finding an appropriate, adult-supervised living situation. In determining eligibility, parents' or guardians' income will only be counted if the youth lives with his or her parents. |
Q. Can unaccompanied youth receive Supplemental Security Income (SSI) without their parents? |
| A. Yes. SSI provides a monthly cash payment to individuals with disabilities. Unaccompanied youth with disabilities who are under the age of 18 are eligible for children's SSI benefits under the same rules as other youth under 18. Once a youth turns 18 years old, his or her disability case will be reevaluated, like all disability cases, to determine whether he or she qualifies for SSI under the adult disability standard. Youth between the ages of 16 and 18 may sign their own SSI applications, as long as they are mentally competent, have no court appointed representative, and are not in the care of another person or institution. There is no specific rule for youth under the age of 16. In determining eligibility, parents' or guardians' income will only be counted if the youth lives with his or her parents. Youth who receive SSI are also automatically eligible for Medicaid. |
Q. Can unaccompanied youth receive Food Stamps without their parents? |
| A. Yes. The Food Stamp Program provides benefits that people can use to buy food at grocery stores, certain retail stores, and some restaurants. Participants use a debit card called an electronic benefit transfer (EBT) card to purchase food. The federal food stamp regulations say that no one should be denied food stamps simply because they do not have an address or photo identification. There is no age limit in the food stamp program. Unaccompanied youth can apply for food stamps without a parent's or guardian's signature. If a young person lives on his/her own, the parents' income should not be counted. |
Q. Is legal emancipation an option for unaccompanied youth? |
| A. Maybe. Emancipation is a court process that makes a young person a legal adult, even before the youth turns 18 years old. Emancipation is available in 20 states, but the specific requirements are different in each state. For example, most states have a minimum age for emancipation. Common requirements for emancipation include reaching the minimum age, living apart from parents, managing your own money and affairs, and being able to support yourself financially. Emancipation can help youth, by giving them many of the legal rights of adults, such as making their own decisions, controlling their own finances, entering into contracts, owning property, consenting to medical treatment and marrying. However, emancipation also gives youth many of the legal responsibilities of adults, and it relieves the youth's parents of any responsibility to care for the youth. |
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