Answer: It depends. If the child’s living situation with grandparents is fixed, regular, and adequate, then the child would not be considered homeless under the McKinney-Vento Act. However, if the child’s living situation is not fixed, regular, and adequate, the child would both be considered to meet the definition of homelessness.

The answer hinges on the living situation. The fact that the grandparent has legal guardianship is not determinative. It may be part of the analysis when considering whether the child’s living situation is fixed and regular, but it is only one of many factors to consider. Even with guardianship, the child may be eligible because the living situation is subject to change, the grandparent’s housing is not be fixed, regular, and adequate, or a similar reason.

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