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Once a minor parent turns eighteen or becomes emancipated, the children subject to the family cap while the parent was a minor receiving as a dependent child are no longer subject to the family cap. As an adult recipient, the time the parent received as a minor parent does not count when determining whether a child born to her is subject to the family cap.
For example, a minor has her first child at age 16. The child, since it is her first child, is not subject to the family cap. At age 17, the minor parent has another child. This child is subject to the family cap. When the minor parent turns 18, the minor parent applies for assistance for herself and her two children. The second child is no longer subject to the family cap. The minor parent then gives birth to a third child.
The third child may or may not be subject to the family cap depending on the month of the child’s birth and when the mother began to receive as an adult. If the child was born prior to the tenth month the parent received as an adult, the child is not subject to the family cap. If the child is born ten months from the month the parent begins receiving as an adult, the child is subject to the family cap.
The third child is not subject to the family cap if the tenth month of receipt before the child’s birth was while the parent was receiving assistance as a dependent child.
If a child is subject to the family cap and the child is the only child in the family unit, the parent or stepparent may still receive cash assistance.
Once a child is subject to the family cap, he cannot move in with another parent and be exempt from the family cap. The child remains family cap regardless of which parent he lives with. However, the child may become exempt if the child moves in with a caretaker relative other than a parent if the child meets an exemption as outlined in II. above.
For example, a child lives with his mother and is subject to the family cap. Two years later, the mother is unable to continue caring for the child because the parent is sick. The child moves in with his father who is receiving for other children. This child remains subject to the family cap, regardless of why the child moved from one parent’s home to another.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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