Several state legislatures have recognized that unaccompanied homeless youth under age 18 need legal rights to access housing, shelter and other basic services. Current and Pending State Laws Allowing Unaccompanied Homeless Youth to Consent for Housing and Related Services is a new document that summarizes state laws, including currently pending bills that SchoolHouse Connection is working on with partners in Arizona and Wyoming.

 

State Laws on Minor Consent for Housing and Related Services

Several state legislatures have recognized that unaccompanied homeless youth under age 18 need legal rights to access housing, shelter and other basic services. Below is a summary of such state laws, including recently enacted legislation in Wyoming. [2]

Laws Empowering Minors Experiencing Homelessness to Enter into Contracts

Missouri Rev Stat §431.056 (2000)

A youth age 16 or 17 who is homeless or a victim of domestic violence and who is self-supporting (without physical or financial support of a parent or legal guardian) can contract for housing, employment, purchase of an automobile, receipt of a student loan, admission to high school or postsecondary school, obtaining medical care, establishing a bank account, admission to a shelter, and receipt of services as a victim of domestic violence or sexual abuse, including but not limited to counseling, court advocacy, financial assistance, and other advocacy services. The youth’s parent or legal guardian must have consented to the youth living independently, but consent can be implied by the simple act of forcing the youth out of the home, refusing to provide financial support to the youth, or abuse or neglect.

Oregon Rev. Stat. §109.697 (1993)

A youth age 16 or 17, or any youth who is pregnant or parenting and living with his or her child, can contract for a residential dwelling unit and utility services, if the youth is living apart from a parent or legal guardian.

Wyoming HB 159 (2017)

A youth age 16 or 17 who is homeless, managing his or her own financial affairs and living separate from parents can obtain his or her birth certificate and contract for housing, employment, purchase of a motor vehicle, receipt of a student loan, admission to postsecondary school, establishing a bank account, admission to a shelter and receipt of services. Parents must have “acquiesced” to the youth living independently, and the youth must provide an affidavit stating his or her eligibility, signed by the minor and two adults who confirm the minor understands the legal implications of the contract.

Laws Empowering Minors Experiencing Homelessness to Consent for Shelter Services

California Family Code §6924 (1992)

A youth 12 years old or older may consent to residential shelter services if the youth is mature enough to participate intelligently in the services and either would present a danger of serious physical or mental harm to self or to others without the services, or is the alleged victim of incest or child abuse.

Indiana Code 31-36-3-2 (2009)
A shelter or program that provides services or items related to providing shelter may provide shelter, services and items to homeless or low-income children without the notification, consent, or permission of the child’s parent, guardian, or custodian.

Texas Family Code §§32.202 and 203 (2003, 2013)

A youth can consent to housing or care through an emergency shelter or transitional living program if the youth: 1) is 16 or 17 years old, manages his or her own financial affairs and lives separately from parents and guardians (regardless of whether the parent or guardian consents), or 2) is unmarried and pregnant or parenting.

Hawaii Revised Statutes §346-17.6 (2012)

A youth can consent to emergency shelter and related services if the youth understands the benefits, responsibilities, risks, and limits of the shelter and services, and agrees to adhere to the provider’s rules and cooperate and participate in the services recommended by the provider, if: 1) The provider has not, despite reasonable efforts, been able to contact a parent/guardian; 2) The provider has made contact with a parent/guardian, the parent/guardian has refused to consent and, the provider reasonably believes that the youth would incur or be threatened harm if the youth returned home; OR 3) The youth has refused to provide contact information for a parent/guardian, and the provider reasonably believes that the minor would incur or be threatened harm if the youth returned home.

[1] This document does not address consent for health care.

[2] Please contact Patricia Julianelle at patricia@schoolhouseconnection.org to share information about other state laws allowing minors to consent for housing or shelter.

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