5120-4         THE "HOME"

5120-4 A.   DEFINITION OF THE "HOME"

There is no requirement that the place of residence meet standards as to type or expected duration.  An owned or rented house, a motor home, an apartment, a motel room, housekeeping cabin, women's shelter, or even a tent can be considered as residences, even if they are only temporary dwelling places.

Federal regulations define a home as "the family setting maintained or in process of being established as evidenced by assumption and continuation of responsibility for day-to-day care of the child by the relative with whom the child is living.  A home exists so long as the relative exercises responsibility for the care and control of the child, even though either the child or the relative is temporarily absent from the customary family setting."  Within this interpretation, the child is considered to be living with the relative even though:

1. He or she is under the jurisdiction of the court (such as receiving probation services or protective supervision); or
    

2. Legal custody is held by an agency that does not have physical custody of the child.

5120-4 B.   WHEN THE HOME IS IN PROCESS OF BEING ESTABLISHED

The definition of a home allows Family Medicaid eligibility to exist even if a home is in process of being established.  In cases in which a child is intended to enter the home of a caretaker relative, if the child is otherwise eligible except for not yet residing with the caretaker relative, FM Family Medicaid eligibility will exist if these two conditions are met:

1. The child actually comes to live with the caretaker relative within 30 days after the relative receives the first FM Family Medicaid coupon; and
    

2. The child has not received State of Title IV-E Foster Care benefits or FM Family Medicaid benefits in the home of another relative for the same month covered by the initial FM Family Medicaid coupon.

5120-4 C.   TWO RELATIVES CLAIMING CARETAKER RESPONSIBILITY

It is not normally necessary to verify who is exercising responsibility for the care and control of the child unless the question is disputed or there is reason to doubt an applicant's statements.  In most cases, the applying caretaker relative may be assumed to be exercising this responsibility.  However, if two separate caretaker relatives, living together or apart, claim FM Family Medicaid for the same child, the caseworker would have to determine who is exercising the primary responsibility for the care and control of the child.  In determining which of the two caretaker relatives the child is actually living with, the following questions must be answered:

• Whose home is the child currently living in?
   

• How long will the child probably remain there?
   

• Which of the two possible homes will the child be in a majority of the current calendar month?  

Note:  

This is only one of the factors to consider.  A determination should not be made solely on evidence that a child is in one home a majority of the hours or days in the current month (i.e., there is no 50% rule).

• Who will provide for the majority of the physical, financial, and guidance/discipline needs of the child in this calendar month?
   

• What are the nature and frequency of the contacts made with the child by the relative who is absent from the child's current place of residence?

5120-4 D.   CHILD RESIDES WITH BOTH PARENTS

If a child resides with both parents, either parent may claim FM Family Medicaid for the child.   In this situation, the child must be deprived by the unemployment of at least one parent.  The two parents must designate which of them will be primary information person (PI).  Under the definition of home as long as a child actually resides with the caretaker relative, eligibility exists on this factor even if the child is receiving protective supervision or probation services or a court has given custody of the child to a public or private agency.

5120-4 E.   LOCATION OF CHILD

When determining if a child and a caretaker relative are living together, the primary factor to consider is the location of the child. Except in cases of temporary absence of a child or caretaker relative from the usual place of residence (discussed below), an FM Family Medicaid home is the place where the child resides a majority of the days of a calendar month.  If it is a question of which parent the child is living with, see paragraph C above.

5120-4 F.   CHILD LEAVES THE HOME

If the child leaves the home of a caretaker relative during the month, FM Family Medicaid eligibility for that child continues for the entire month.  If the child enters the home of another caretaker relative, that child cannot be included in a new household until eligibility in the former household closes.   A child can be included in only one Medicaid household at a time.