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Title 42, The Public Health and WelfareRelease 119-110

§11361a Preventing Involuntary Family Separation

Title 42 › CHAPTER 119 — HOMELESS ASSISTANCE › SUBCHAPTER IV — HOUSING ASSISTANCE › Part A — General Provisions › § 11361a

Last updated Sep 22, 2026|Official source

Summary

After the two-year period that began on May 20, 2009, programs getting federal money to run emergency shelters, transitional housing, or permanent housing for families with children under 18 must not refuse a family because of a child’s age. One exception lets transitional housing focus on a specific child age group only if the program mainly uses an evidence-based practice that requires that targeting and if it gives the Secretary the required proof that the whole family has an equally suitable alternative place to live.

Full Legal Text

Title 42, §11361a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
After the expiration of the 2-year period that begins upon May 20, 2009, and except as provided in subsection (b), any project sponsor receiving funds under this subchapter to provide emergency shelter, transitional housing, or permanent housing to families with children under age 18 shall not deny admission to any family based on the age of any child under age 18.
(b)Exception
Notwithstanding the requirement under subsection (a), project sponsors of transitional housing receiving funds under this subchapter may target transitional housing resources to families with children of a specific age only if the project sponsor— (1)
(2)provides such assurances, as the Secretary shall require, that an equivalent appropriate alternative living arrangement for the whole family or household unit has been secured.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification section 1103 of Pub. L. 111–22, which directed amendment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section after section 403 (as so redesignated by section 1101(2) of Pub. L. 111–22), was executed by adding this section following section 403 (42 U.S.C. 11361) of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final

Regulations

by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an

Effective Date

of 2009 Amendment note under section 11302 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11361a

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110