Exploring Due Process Rights and Litigation Strategies for Homeless Youth Under Federal Law

Over fifty years after the Runaway and Homeless Youth Act, this Article explores the due process rights youth have in shelter and other transitional housing covered under the Act. Further, this Article explores whether youth have a property interest under the Act’s recent reauthorization under the Reconnecting Homeless Youth Act of 2008. This Article also discusses the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act and the due process rights youth have in shelter and other housing options covered under the HEARTH Act’s extensive funding of homeless programs. Additionally, this Article explores litigation strategies that youth and advocates have to enforce these rights, including whether many of the service organizations that provide shelter and housing are acting under the color of law when terminating youth from shelter. Finally, this Article explores third-party beneficiary rights that youth may have under certain contracts between service providers and HEARTH Act programs.