711-6 THE "HOME”
711-6 A. DEFINITION OF THE "HOME"
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, a TA home is the place where the child resides more than half of the time in a calendar month.
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.
Within this definition, a child is considered to be "living with" a caretaker relative if:
The child is under the jurisdiction of the court (such as receiving probation services or protective supervision); or
Legal custody is held by an agency that does not have physical custody of the child (such as OCS custody).
711-6 B. SHARED CUSTODY SITUATIONS
In situations where the parents of a child share custody and the child moves between the homes on a regular basis, determining how much time the child lives in each home is essential. Based on this determination, the child may be considered to be living in the home of an applicant or recipient during one month but not another.
In such cases, the determination of whether the child is ”living in the home” must be made prospectively. If the child will not be living in the home for the benefit month in question, eligibility on this factor does not exist. This may result in cases that close and re-open on a continuing basis.
Whenever possible, verification of where the child is expected to be living should include regular contact with the second parent.
711-6 C. WHEN THE HOME IS IN PROCESS OF BEING ESTABLISHED
The definition of a home allows for ATAP 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, Temporary Assistance eligibility will exist if these two conditions are met:
The child actually comes to live with the caretaker relative within 30 days after the relative receives the first Temporary Assistance payment; and
The child has not received State or Title IV-E Foster Care benefits or ATAP benefits in the home of another relative for the same period covered by the initial ATAP benefit payment.
Note:
When
a child in OCS
custody returns home for a trial home visit, they are considered part
of the TA
household. This allows the
parent(s) to apply for TA
coverage. See Administrative
Procedures manual section 124-5.
711-6 D. 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 a client'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 TA 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?
What percentages of the current calendar month will the child be in each of the two possible homes?
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?
711-6 E. CHILD RESIDES WITH BOTH PARENTS
If a child resides with both parents, either parent may claim ATAP benefit payments for the child. The two parents must designate which of them will be the payee of the ATAP benefit.
711-6 F. CHILD LEAVES THE HOME
If the child leaves the home of a caretaker relative during the month, ATAP eligibility for that child continues for the entire month as long as the child does not receive State or Title IV-E Foster Care payments or does not receive ATAP benefit payments in the house of another relative for that same month.
Accept the client’s statement regarding the ”living with” requirement, unless questionable.
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