Food security and stable housing are foundational for the well-being of young people, particularly those navigating the complexities of homelessness and the transition out of foster care. For these vulnerable populations, accessing resources like the Supplemental Nutrition Assistance Program (SNAP) can be a crucial step towards self-sufficiency and stability. Recent changes to SNAP regulations, specifically the Fiscal Responsibility Act (FRA) of 2023, introduce vital exceptions to work requirements, paving the way for more accessible after care programs for youth exiting homeless shelters and foster care.
Recognizing the unique challenges faced by young individuals experiencing homelessness and those transitioning from foster care, the U.S. Department of Agriculture (USDA) Food and Nutrition Service (FNS) and the Administration on Children, Youth and Families (ACYF) are working to dismantle barriers to essential support. Research highlights the alarming intersection of homelessness and foster care, with 30 to 40 percent of homeless youth reporting prior foster care involvement. This underscores the urgent need for collaborative efforts between youth-serving organizations and government systems to ensure seamless access to life-sustaining programs and resources.
By leveraging the newly implemented SNAP exceptions, after care programs can provide a more robust safety net, ensuring that eligible youth and young adults have their basic nutritional needs met as they embark on their journey to independent adulthood. These changes are not just policy updates; they represent a commitment to supporting the most vulnerable youth as they strive for stability beyond emergency shelter.
Understanding SNAP and the ABAWD Time Limits
The foundation of SNAP eligibility for adults aged 18 to 49 without dependents (and who are not pregnant) lies in the concept of “Able-Bodied Adults Without Dependents” (ABAWDs). Historically, ABAWDs faced stringent regulations, limiting their SNAP benefits to a mere 3 months within a 3-year timeframe unless they fulfilled specific work requirements or qualified for an exemption. This limitation, known as the ABAWD time limit, presented a significant hurdle for many, especially those experiencing homelessness or transitioning from care.
The landscape shifted with the enactment of the Fiscal Responsibility Act of 2023 (FRA) on June 3, 2023. This landmark legislation introduced crucial exceptions to the ABAWD time limit, specifically designed to support individuals experiencing homelessness, veterans, young adults under 25, and those with a history in foster care. Further guidance on these provisions was issued by FNS in memoranda released on June 9th and June 30th, clarifying the implementation of these vital changes.
FRA’s New Exceptions: A Gateway to After Care Support
Extending the Safety Net: New Exceptions for Homeless and Foster Youth
The FRA’s most impactful change for after care programs is the introduction of a new ABAWD time-limit exception for specific vulnerable populations. This exception encompasses homeless individuals, veterans, and critically, young adults aged 24 or younger, including those who were in foster care when they turned 18 (or an older age if their state extends foster care benefits). (7 U.S.C. 2015(o)(3)). This pivotal exception effectively removes the three-month ABAWD time limit for these groups, ensuring continued access to SNAP benefits. This provision became effective for all SNAP applications and recertifications received on or after September 1, 2023.
For after care programs focused on supporting youth exiting homeless shelters, this new exception is transformative. It means that young people transitioning to independent living after shelter stays can access SNAP benefits without the immediate pressure of meeting stringent work requirements within a limited timeframe. This provides a crucial buffer, allowing them to focus on securing stable housing, employment, and further education, all while having their nutritional needs met.
Broadening the Definition of Homelessness for SNAP Access
The FRA also broadened the definition of “homelessness” within SNAP eligibility, making it more inclusive and reflective of the realities faced by young people. Previously, the focus was often on “chronic homelessness.” Now, the exception aligns with the broader definition found in Section 3(l) of the Food and Nutrition Act and 7 CFR 271.2. This definition encompasses individuals lacking a “fixed and regular nighttime residence” or whose primary nighttime residence is temporary. This includes those in shelters, temporary accommodations, or places not designed for regular sleeping.
This expanded definition is vital for after care programs. Youth transitioning out of shelters may still face housing instability, couch surfing, or temporary living situations. The broadened definition ensures that these young people, who are still technically experiencing homelessness, remain eligible for the SNAP exception, providing consistent food support during their transition.
Supporting Former Foster Youth in After Care
The FRA also specifically addresses the needs of young adults with foster care backgrounds. Individuals who were in foster care at age 18 are eligible for the exception, even if they remain in extended foster care programs up to the state’s maximum age. For example, a 19-year-old in extended foster care who was in foster care at 18 remains eligible. This applies regardless of whether the state offers extended foster care. A young adult who exited foster care at 18 in a state with extended care to 20 is still eligible for the exception until age 25 because they were in foster care at 18.
This provision is critical for after care programs working with former foster youth. These young adults often face unique challenges, including limited family support and navigating independent living for the first time. The SNAP exception provides a crucial safety net, ensuring food security as they establish themselves outside of the foster care system.
Defining “Homeless Individual” and “Youth Transitioning from Foster Care” for SNAP
To ensure clarity and consistent application of these exceptions, FNS provides specific definitions for “homeless individual” and “young adult transitioning out of foster care” within the context of SNAP.
A “homeless individual,” as per Section 3 of the Food and Nutrition Act (FNA) of 2008 and 7 CFR 271.2, is defined as someone who lacks a fixed, regular nighttime residence, or whose primary nighttime residence falls into one of these categories:
- Supervised shelters designed for temporary accommodation (welfare hotels, congregate shelters).
- Halfway houses or similar institutions providing temporary residence for individuals intended for institutionalization.
- Temporary accommodation (90 days or less) in another person’s residence.
- Places not designed or ordinarily used as regular sleeping accommodations for humans (hallways, bus stations, lobbies).
[Note: This definition encompasses all individuals experiencing homelessness, including youth utilizing after care programs after exiting shelters.]
“A young adult transitioning out of foster care” is defined as an individual 24 years or younger who was in state foster care on their 18th birthday (or a higher age if the state extends foster care, as defined under Section 475(8)(B)(iii) of the Social Security Act (42 U.S.C. 675(8)(B)(iii))). This includes anyone in a foster care program run by a State, District, Territory, or Indian Tribal Organization at age 18 or later and who is under 25.
It’s important to note that youth in foster care, or those receiving limited transition services (especially federally funded), are generally eligible for SNAP if they meet their state’s SNAP criteria. Federally funded transition services typically do not impact SNAP eligibility unless they affect income or exemption from work requirements. State agencies hold the responsibility for determining individual SNAP eligibility.
Accessing SNAP Benefits: A Key Component of After Care
To access SNAP benefits, individuals must apply in their state of residence and meet specific eligibility criteria. Detailed information on SNAP eligibility is available on the FNS website.
Once state agencies confirm SNAP eligibility, the new FRA exceptions exempt qualifying individuals from the three-month time limit. These exceptions are effective for all SNAP applications and recertifications received on or after September 1, 2023, making SNAP a more reliable resource within after care programs.
To effectively support young people, after care programs, child welfare agencies, Runaway and Homeless Youth (RHY) Programs, and Adolescent Pregnancy Prevention (APP) Programs are encouraged to forge or strengthen partnerships with local SNAP agencies. SNAP office directories by state are readily available to facilitate these collaborations. These partnerships are crucial for ensuring smooth transitions and access to benefits for youth in after care.
Streamlined Verification for SNAP Exceptions
The June 30th FNS memorandum provides guidance on verification requirements for these modified exceptions. Importantly, there are no new verification requirements. State agencies must adhere to existing SNAP verification rules outlined in 7 CFR 273.2(f). Agencies are mandated to assist households in obtaining verification and must accept any reasonable documentary evidence provided.
Examples of acceptable verification for these exceptions include:
- Homeless individuals: Collateral contact with homeless shelters, RHY programs, individuals providing temporary housing, or anyone aware of their homeless status. Note: Homeless individuals are specifically exempt from residency verification requirements.
- Youth aging out of foster care: Data sharing or collateral contact from social service workers or agencies, such as foster care program administrators or Medicaid. Note: Federal law mandates child welfare agencies to provide necessary documentation proving former foster care status for young adults aging out of care (more than 6 months in care). Agencies are encouraged to ensure these verification documents clearly state the young person’s former foster care status.
State agencies are required to accept various forms of documentary evidence. Further clarification on verification can be found in Questions and Answers #1 (PDF) on the USDA’s Implementing SNAP Provisions in the Fiscal Responsibility Act of 2023 webpage. These simplified verification processes are crucial for ensuring timely access to SNAP benefits for youth in after care programs.
Conclusion: Strengthening After Care Through SNAP Access
Ensuring access to and maintenance of SNAP eligibility is a vital component of effective after care programs for young people experiencing homelessness and those transitioning from foster care. It is imperative that collaborative efforts continue to ensure these youth are aware of and supported in accessing the services they are entitled to.
ACYF is dedicated to fostering cross-sector collaboration and partnerships between SNAP programs, child welfare agencies, RHY programs, and APP programs. By working together, we can strengthen the pathways of support for youth in need, ensuring they have access to the resources and opportunities necessary to meet their basic needs and build stable, independent futures beyond homeless shelters and foster care. Moving forward, ACYF will continue to strengthen partnerships with the USDA and other agencies to promote collaborative support systems for these vulnerable young populations.
