---
kind: "section"
citation: "42 U.S.C. § 11361a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "11361a"
heading: "Preventing involuntary family separation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/11361a"
units:
  - "Chapter 119 — Homeless Assistance"
  - "Subchapter IV — Housing Assistance"
  - "Part A — General Provisions"
---

# §11361a. Preventing involuntary family separation

- (a) **In general—** After the expiration of the 2-year period that begins upon May 20, 2009, and except as provided in [subsection (b)](#b), any [project sponsor](/usc/42/11360.md?p=22) receiving funds under this subchapter to provide emergency shelter, [transitional housing](/usc/42/11360.md?p=31), or [permanent housing](/usc/42/11360.md?p=17) 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)](#a), [project sponsors](/usc/42/11360.md?p=22) of [transitional housing](/usc/42/11360.md?p=31) receiving funds under this subchapter may target [transitional housing](/usc/42/11360.md?p=31) resources to families with children of a specific age only if the [project sponsor](/usc/42/11360.md?p=22)—
  - (1) operates a [transitional housing](/usc/42/11360.md?p=31) program that has a primary purpose of implementing an evidence-based practice that requires that housing units be targeted to families with children in a specific age group; and
  - (2) provides such assurances, as the [Secretary](/usc/42/11360.md?p=24) shall require, that an equivalent appropriate alternative living arrangement for the whole family or household unit has been secured.

## Source credit

(Pub. L. 100–77, title IV, § 404, as added Pub. L. 111–22, div. B, title I, § 1103, May 20, 2009, 123 Stat. 1677.)

## Notes

### 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.