McKinney-Vento and Determining Eligibility when CPS is Involved in an Allegation of Abuse

Many of the TEACHS helpline calls are to assist district liaisons determining eligibility.  Unique situations can make determining whether a student is eligible for the McKinney-Vento designation difficult.  The NYS TEACHS Helpline supports district liaisons in determining eligibility for students in unique circumstances and considers each situation on a case-by-case basis.  Please call the Helpline at 800-388-2014 for assistance in eligibility determinations.

The Tale

Three siblings, two high school students and one elementary student, were in the permanent custody of their grandmother.  Their biological parents had been deemed unfit to care for them by the court system and they were not allowed to see the children.  However, after some time, the grandmother also housed the parents of the children so everyone was back together in the same house, resulting in further abuse of the children.

One of the siblings shared this with a friend, whose mother contacted CPS and reported it. CPS got involved and removed the children from the home, giving them a direct placement with the parents of a friend. The court awarded temporary custody to the parents housing the students through the direct placement. 

The children’s other grandmother is in the process of seeking permanent custody of the children. 

Are these children McKinney-Vento eligible?

Questions to Consider:

1. Since CPS was involved and the children were placed in a home, does that qualify as McKinney-Vento? Is this considered Foster Care?

2. There is a court document indicating temporary custody. Since there are court documents, does that indicate McKinney-Vento or negate it in any way?

3. What happens if the grandmother or family friends gain permanent custody?

Answers:

1. Students should be considered homeless under the McKinney-Vento Act in situations where a student has been removed from his/her home because of an allegation of abuse or neglect and the child welfare agency arranges for a relative or family friend to assume temporary custody of the student, rather than place the student in foster care.  This is a direct placement and would qualify as MV eligible. 

A child placed by CPS, into the care of a relative or friend, is eligible under MV but should not be designated as an unaccompanied homeless youth (UHY). Direct placements provide temporary guardianship until further determinations are made.

2. When the welfare agency arranged for the family friends to be the direct placement, it also gave them temporary custody.  While this is a form of custody, it’s not full or permanent guardianship.  Therefore, the students remain living outside of the custody of a parent or legal guardian.

3. Continuing in regular communication with the family, and the current temporary guardians, is important. If guardianship changes from temporary to permanent, then McKinney-Vento eligibility may also change.  If permanent guardianship is granted, then the students would remain eligible for McKinney-Vento rights through the remainder of the school year in which permanent guardianship and residency changes.

Resources

NYSED Memo on Direct Placement