Definition of Homeless Child or Youth,
as Defined by 42 U.S.C. Section 11434a,
the McKinney-Vento Homeless Assistance Act
The term “homeless children and youths”––
• means individuals who lack a fixed, regular, and adequate nighttime residence
• Includes––
(i) children and youths who are sharing the housing of other persons due to loss of housing,
economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or
camping grounds due to the lack of alternative adequate accommodations; are living in
emergency or transitional shelters; or are abandoned in hospitals;
(ii) children and youths who have 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;
(iii) children and youths who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
(iv) migratory children who qualify as homeless for the purposes of this part because the
children are living in circumstances described in clauses (i) through (iii) above.
Birth Certificates
Effective September 1, 2019: Texas Health and Safety Code §191.0049: State and Local Registrars and County Clerks shall
provide birth records (birth certificates) to homeless children and youths as defined by 42 U.S.C. Section 11434a, the
McKinney-Vento Homeless Assistance Act, without fee or parental consent. See here
(https://www.dshs.state.tx.us/vs/reqproc/Birth-Certificate-for-Foster-or-Homeless-Youth.aspx) for more information.
Texas Identification Cards and Driver’s Licenses
Effective September 1, 2019: Texas Transportation Code §521.1015 states that a homeless child or youth, as defined by
42 U.S.C. Section 11434a, the McKinney-Vento Homeless Assistance Act, may provide a copy of their birth certificate as
proof of their identity and U.S. citizenship, provide a letter from one of the entities listed on this form, certifying the child or
youth is homeless and does not have a residence or domicile, and obtain a personal identification certificate (Texas ID)
without the signature, presence of or permission from the parent or guardian of the child or youth and be exempt from
payment of the ID card fee. Texas Transportation Code §521.1811 waives the fee for a driver’s license for a homeless
youth. See DPS Homeless Child or Youth Driver’s License Fact Sheet.
Additional Information
How Homeless and Unaccompanied Youth Can Get Their Texas Birth Certificate, and Texas ID Card and Texas Driver’s License
under Identification Documents on TexasFosterYouth.org
.
DPS Homeless Child or Youth Driver’s License Fact Sheet under Identification Documents on TexasFosterYouth.org.
DPS Homeless Child or Youth Identification Card Fact Sheet under Identification Documents on TexasFosterYouth.org.
Certification of Homeless Status for Texas Birth Certificate and Texas Identification Card and Driver’s License Form ver. 9-23-2020
Developed by Texas RioGrande Legal Aid-Texas Foster Youth Justice Project TexasFosterYouth.org
.