Family and Children's Medicaid MA-3235 CARETAKER RELATIVE ELIGIBILITY

III. SPECIAL SITUATIONS

A. Stepparents

A stepparent living in the home with the parent and child(ren) can be included in the assistance unit if eligibility criteria are met. Refer to MA-3305 M-AF, M-IC, H-SF Budgeting.

03/01/02

(III.)

B. Non-Parent Specified Relative:

To be included in the assistance unit as the caretaker relative, the non-parent specified relative must:

1. Be the only specified relative considered in the assistance unit. If the parent of the child is in the home, do not include the specified relative in the assistance unit (except stepparents as indicated in A.).

Never include the spouse of a specified relative in the assistance unit with the specified relative and the eligible child.

2. Meet the requirements of relationship to the child in MA-3350, Kinship and Living with Requirements for Families and Children. A non-related adult must qualify for medical assistance in his own right.

C. Adoption

Prior to signing a release for adoption, the mother can receive Medicaid as the caretaker relative under the MAF aid program/category even if she leaves the hospital without the baby and never actually becomes the caretaker. Once the release is signed, she is not eligible as a caretaker of the child. Her parental financial responsibility ends when the release is signed.

D. Joint Custody

1. When a child's parents live apart but have joint custody, determine which parent is the primary caretaker. This is the parent with whom the child spends the majority of his time, the parent who is primarily responsible for the child's day-to-day care (school, day care, medical care). Consider this parent the primary caretaker for budgeting purposes. Count the income of the primary caretaker as available to the child.

2. If the child spends equal time with both parents and you are unable to establish a primary caretaker, consider both parents financially responsible for the child. Count both parents' income as available to the child.

In this situation neither parent can be included in the a.u. If one of the parents wishes to be included in the assistance unit, he or she must be the primary caretaker.

3. If the child spends equal time with both parents, but one parent pays child support for the child, consider the parent receiving the child support to be the primary caretaker. Count the income of the primary caretaker parent as available to the child.