Tweet

Several questions on the FAFSA are used to determine, according to federal law, whether you are a dependent or independent student for the purposes of calculating your expected family contribution (EFC) for financial aid purposes.

What changed and who it affects

The law changes the definition of independent student to include three new groups of students:

• Orphans, foster youth, and wards of the court
• Emancipated minors or youth in legal guardianship
  Homeless, unaccompanied youth, or youth at risk for homelessness

Orphans, foster youth, and wards of the court

The new FAFSA question is: "At any time since you turned age 13, were both your parents deceased, were you in foster care, or were you a dependent/ward of the court?" Answer "yes" if:

• You were in foster care at any time since you turned 13, even if you are no longer in foster care as of today, or
• You were a dependent or ward of the court at any time since you turned 13, even if you are no longer a dependent or ward of the court as of today

Emancipated minors or youth in legal guardianship

The new FAFSA questions are: "Are you or were you an emancipated minor as determined by a court in your state of legal residence?" and "Are you or were you in legal guardianship as determine by a court in your state of legal residence?"

An emancipated minor is a youth who has gone through the legal process in court of attaining adulthood before reaching the age of majority. Once emancipated, a minor may be granted certain rights, including the ability to sign contracts, own property, and keep one’s own earnings. Note that 19 states and the District of Columbia have no emancipation status.

A youth in legal guardianship has been placed with a caregiver by a court in the youth's state of residence. If a youth is living with a caregiver who has not been appointed by the court, that youth is not in legal guardianship

Answer "yes" to the FAFSA questions if you can provide a copy of a court's decision that:

• As of today you are an emancipated minor, or
• You were an emancipated minor immediately before you reached the age of being an adult in your state, or
• As of today you are in legal guardianship, or
• You were in a legal guardianship immediately before you reached the age of being an adult in your state

The court must be located in your state of legal residence at the time the court's decision was issued.

Homeless, unaccompanied youth, or youth at risk for homelessness

The legal status of "homeless, unaccompanied youth" is defined in the federal McKinney-Vento Homelessness Act and the Runaway and Homeless Youth Act. To qualify as homeless or at risk for homelessness, students should have a determination from a homeless liaison, HUD-funded emergency shelter, runaway or homeless shelter, or transitional living program.

• Homeless means lacking fixed, regular, and adequate housing, which includes living in shelters, motels, or cars or temporarily living with other people because you had nowhere else to go.
• Unaccompanied means you are not living in the physical custody of your parent or guardian.
• Youth means you are 21 or younger (according to MicKinney-Vento), or you are still enrolled in high school as of the day you sign the FAFSA.

There are three FAFSA questions about homelessness. Answer "yes" if you received a determination at any time on or after July 1, 2008, that you were an unaccompanied youth who was homeless, or in the case of a runaway/homeless shelter or transitional living program, self-supporting and at risk of being homeless.

You may be considered homeless or self-supporting and at risk for homelessness even if you are older than 21 and/or you don't have a determination from an official. Determinations are made only for high school students and students receiving services from homeless programs. Contact the financial aid office for assistance in either of these situations.

For detailed information on these changes and FAFSA completion in general, see the federal publication, Completing the FAFSA 2009-10.