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 as described in ATAPAlaska Temporary Assistance Program MS 711-7, the ATAPAlaska Temporary Assistance Program home is 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, motorhome, apartment, 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 also considered to be "living with" a caretaker relative if:

1. The child is under the jurisdiction of the court (such as receiving probation services of protective supervision); or
2. Legal custody is held by an agency that does not have physical custody of the child (such as OCSOffice of Children's Services custody).

711-6 B.      SHARED CUSTODY SITUATIONS

In situations where the parents of a child share custody and the child moves between their homes on a regular basis (child lives with both parents in separate physical households), 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. ATAPAlaska Temporary Assistance Program eligibility does not exist for a dependent child who is not expected to be in the applying household more than 50% of the time for any month being determined. This may result in cases that close and reopen on a continuing basis due to alternating month eligibility.

There is no eligibility for the household in which the child lives less than half of the time, even if the household with majority custody does not apply.

When possible, verification of where the child is expected to be living should include contact with the second parent; however, client statement is acceptable if the living situation is not questionable. See ATAPAlaska Temporary Assistance Program MS 711-6 D and ATAPAlaska Temporary Assistance Program MS 711-6 G for disputed or questionable shared custody situations and verifications.

711-6 C.      WHEN THE HOME IS IN PROCESS OF BEING ESTABLISHED

The definition of a home allows for ATAPAlaska Temporary Assistance Program 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:

1. The child actually comes to live with the caretaker relative within 30 days after the relative receives the first Temporary Assistance payment; and
2. The child has not received State or Title IV-E Foster Care benefits or ATAPAlaska Temporary Assistance Program benefits in the home of another relative for the same period covered by the initial ATAPAlaska Temporary Assistance Program benefit payment.

Note:

When a child in OCSOffice of Children's Services custody returns home for a trial home visit, they are considered part of the TATemporary Assistance household. This allows the parent(s) to apply for TATemporary Assistance coverage. See Administrative Procedures MS 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 2 separate caretaker relatives, living together or apart, claim TATemporary Assistance 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 2 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 and next calendar month will the child be in each of the 2 possible homes?
• Who will provide for the majority of the physical, financial, and guidance/discipline needs of the child in this and the next 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?

If both caretakers are parents, see also ATAPAlaska Temporary Assistance Program MS 711-6 B and ATAPAlaska Temporary Assistance Program MS 711-6 E, as appropriate.

711-6 E.      CHILD RESIDES WITH BOTH PARENTS

If a child resides with both parents in the same home, either parent may claim (be the recipient of) ATAPAlaska Temporary Assistance Program benefit payments for the child. The parents must designate which of them will be the payee of the ATAPAlaska Temporary Assistance Program benefit. By default, this is the person making the application (the PIPrimary Information Person or head of household). Regardless of the relationship between the parents or to whom the ATAPAlaska Temporary Assistance Program payment is made, both parents must be included in the household as mandatory household members, per ATAPAlaska Temporary Assistance Program MS 711-2; sign the application, per ATAPAlaska Temporary Assistance Program MS 705-2 E; complete an FSSPFamily Self-Sufficiency Plan, per ATAPAlaska Temporary Assistance Program MS 719-1; and participate in Work Activities, as appropriate, per ATAPAlaska Temporary Assistance Program MS 730.

711-6 F.      CHILD LEAVES THE HOME

If the child leaves the home of a caretaker relative during the month, ATAPAlaska Temporary Assistance Program 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 ATAPAlaska Temporary Assistance Program benefit payments in the house of another relative for that same month.

711-6 G.      VERIFICATION

Accept the client's statement regarding the "living with" requirement, unless questionable.

In cases of questionable household circumstances, examples of verification may include, but are not limited to: joint statement or "custody calendars" signed by both parents/caretakers; school records showing home address registration; statements from medical providers, school personnel, or other community members regarding who brings the child in for visits, to school/functions, or household living situation; landlord statements or statements from other collateral contacts verifying household living situation; or current custody or other court records verifying custody/living situation.

The caseworker must use prudent judgment in determining acceptable verification in questionable situations.

When unable to determine which is the primary home for the child/ren in disputes affecting multiple cases, it is appropriate to request verification from all affected cases regarding household composition.