Supreme Court Decision Criminalizes Homelessness, Creating New Barriers for Millions of Homeless Youths in Need of Support
Youth homelessness has been a growing issue over the last decade, and advocates worry the problem may get worse following the Supreme Court’s decision in Johnson v. Grants Pass over the summer.
Every year, more than 4.2 million youths experience homelessness across the U.S. Many of them face the same challenges in finding age-specific services and shelters that will serve youths aged 18 and under.
Under normal circumstances, solving the issues homeless youths face is challenging. But advocates say these challenges have heightened after the Supreme Court ruled that cities can fine and arrest people experiencing homelessness for the act of surviving outside.
Katie Meyer Scott, the director of homeless youth programs at the National Homeless Law Center, told Invisible People that the ruling in Johnson v. Grants Pass will make youth homelessness worse in a couple of ways. First, it could make it less likely that homeless youths will identify themselves as homeless, thereby making it more difficult for them to access the services they need.
Second, the ruling could make it more difficult for homeless youths to trust service providers. Before the ruling, data from the Federal Administration for Children & Families found that homeless youths spent an average of two years on the streets before connecting with services. Scott said that timeline will likely extend as cities continue to criminalize homelessness instead of investing in services.
“If these youths are afraid of being thrown in jail, they’re going to be pushed even further into the fringes, and they’re going to be harder to reach,” Scott said.
Youth Homelessness Data is Fragmented and Likely an Undercount
Identifying the number of homeless youths is a challenging feat because data about the issue is bifurcated. Estimates suggest that roughly 4.2 million youths experience homelessness every year, which accounts for the total number of youths identified by school districts under the McKinney Vento Act as well as the federal Point in Time Count.
Even so, this figure is likely an undercount, according to School House Connection, a nonprofit focused on overcoming homelessness through education. In 2023, federal data showed a 16% increase in the number of families with children experiencing homelessness and a 15% increase in unaccompanied youths, or youths who are homeless and are not under the care of a parent or guardian.
The lack of age-specific services for homeless youths also forces many into “invisible and unstable” forms of homelessness, like doubling up with friends or relatives and staying at motels, according to School House Connection.
“Many move fluidly between these situations, which are often dangerous and highly insecure. This invisible and unstable homelessness is not included in HUD’s PIT count but is included in definitions and data used by early childhood and education agencies,” the nonprofit explains on its website.
Criminalization of Homelessness Worsens Mental Health
The criminalization of homelessness may also contribute to declining mental health conditions for youths experiencing homelessness, added Erika Lopez, a communications associate at NHLC. Not only do these youths struggle to access mental health care, but they are also forced to re-traumatize themselves when they explain their story to different service providers.
The impacts of this can be long-lasting. Studies have shown that people who experience homelessness at a young age are at heightened risk of becoming chronically homeless. Homelessness can also hinder the development of an adolescent’s brain because homeless youths often do not have enough food to eat, clean water to drink, and many do not get a full night’s sleep depending on their living situation.
“This has long-lasting implications that these people are going to be dealing with for the rest of their lives,” Lopez said.
Solutions to Address Youth Homelessness
Despite the numerous challenges posed by the Johnson v. Grants Pass ruling, Scott said there are some solutions that lawmakers should consider. One solution is to create a state office that coordinates data tracking, services, and responses to youth homelessness. States like Washington and Colorado have similar offices.
Another solution is to find ways to connect homeless youths back to the communities in which they live, Scott said. This includes stopping the separation of children from families that may have committed a crime of poverty like stealing food. It can also include expanding educational opportunities for homeless youths, which Scott said is something her team has heard from countless youths during focus groups.
“Homeless youths want to be a part of their communities,” Scott said. “Sometimes their families of origin may not be safe for them, and so that might not be an option, but we need to then get the rest of the community together to help.”
The Pandemic Showed the Need for Long-Term Solutions
The pandemic forced us to rethink housing in the U.S. and made one thing clear: targeted aid programs work. When service agencies had enough funding and clear guidance, they kept countless individuals, families, and unaccompanied youths housed during the crisis. This success highlights the urgent need for similar long-term solutions.
You can help break the cycle of youth homelessness by calling on lawmakers to expand and sustain these vital support systems. Urge them to establish dedicated state offices that:
- Directly address youth homelessness
- Provide pathways to education for homeless youths
- Strengthen community ties to support vulnerable young people
These initiatives will ensure that young people don’t just survive but thrive, giving them the resources they need to rebuild their futures.
Contact your representatives today and advocate for policies prioritizing the needs of homeless youths. Ending youth homelessness is the key to a brighter future for millions of young people—and you can be part of the solution.