BASIC ELIGIBILITY CRITERIA LIVING WITH A SPECIFIED RELATIVE 1335 LIVING WITH A SPECIFIED RELATIVE REQUIREMENT A child must be living in the hom

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BASIC ELIGIBILITY CRITERIA LIVING WITH A SPECIFIED RELATIVE 1335 LIVING WITH A SPECIFIED RELATIVE REQUIREMENT A child must be living in the hom Powered By Docstoc
					BASIC ELIGIBILITY CRITERIA                    LIVING WITH A SPECIFIED RELATIVE

                 1335 - LIVING WITH A SPECIFIED RELATIVE


REQUIREMENT            A child must be living in the home with a relative who is receiving
                       cash assistance on the child’s behalf.

BASIC
CONSIDERATIONS

Living Arrangements    A home includes the following:

                          family residence
                          homeless shelter
                          battered women’s shelter
                          substance abuse treatment facility
                          other group living facilities.

                       This list is not all-inclusive.

                       A child is not considered to be living in the home with a specified
                       relative when the child or relative is in one of the following facilities:

                          detention facility such as a jail, prison, Regional Youth Detention
                           Center, Youth Detention Center,
                          public institution for the treatment of mental disease,
                          private residential child care institution such as the Georgia
                           Baptist Children’s Home, the United Methodist Children’s
                           Home, or the Georgia Sheriffs’ Youth Homes.

         Temporary When the relative or the child is temporarily absent from the home
           Absence because of treatment or training, the child is considered to be living
                   with the relative if the following criteria are met:

                          the absence is temporary, with a plan for the relative or the child
                           to return to the home,
                                                        AND
                          the relative continues to exercise care and control of the child.

                       Treatment or training may be received at locations such as schools,
                       colleges, substance abuse treatment facilities, hospitals, private
                       psychiatric facilities, and Job Corps facilities.




VOLUME I - TANF MT 2 - 10/02                                                   PAGE 1335-1
BASIC ELIGIBILITY CRITERIA                   LIVING WITH A SPECIFIED RELATIVE


BASIC
CONSIDERATIONS
(cont.)

       Joint Custody When the parents of a child share custody, the child must reside in the
                     home of the parent at least half of the time in order to be considered
                     living with that parent. The time the child spends with the other
                     parent is considered a visit.

        Relationship Relationship is established by one of the following:

                          birth
                          ceremonial or common-law marriage
                          legal adoption
                          legal guardianship.

                       NOTE: Refer to the glossary for the definition of a valid common
                       law marriage. The common law marriage must have existed prior to
                       July 1, 1997.

                       The following relationships meet the relationship requirement:

                          parent (either by birth, legal adoption, or step relationship)
                          grandparent (up to great-great-great)
                          sibling (half, whole, step)
                          aunt/uncle (up to great-great)
                          niece/nephew (including child and grandchild of niece/nephew)
                          first cousin
                          first cousin once removed (the child of a first cousin)
                          legal guardian
                          spouse of any person named in the above group even after the
                           marriage is terminated by death or divorce, unless the child is
                           born after termination of the marriage.
                           EXCEPTION: The spouse of a stepparent or the spouse of a
                           stepsibling is not within the specified degree of relationship.




VOLUME I - TANF MT 2 - 10/02                                                   PAGE 1335-2
BASIC ELIGIBILITY CRITERIA                    LIVING WITH A SPECIFIED RELATIVE


BASIC
CONSIDERATIONS
(cont.)

  Relationship (cont.)   To establish a child’s relationship to a paternal relative, paternity
                         must first be established. Refer to Section 1315, Deprivation. Once
                         paternity is established, the relative’s statement of his/her
                         relationship to the child’s father may be accepted, unless
                         questionable.

                         An individual who has legal custody of a child does not meet the
                         relationship requirement.

                         When a child is adopted, the relatives of the adoptive parent(s)
                         assume the new relationships created by the adoption.

                         A parent whose parental rights have been terminated or who has a
                         child who has been adopted continues to meet the relationship
                         requirement but is treated as a nonparent relative.

                         Adoption or severance of parental rights does not terminate the
                         blood relationship for specified relatives.

    Emergency Payee An unrelated individual may be designated as an emergency payee
                    for a period not to exceed three months. Refer to Chapter 1900,
                    TANF Issuance.




VOLUME I - TANF MT 2 - 10/02                                                   PAGE 1335-3
BASIC ELIGIBILITY CRITERIA                      LIVING WITH A SPECIFIED RELATIVE


VERIFICATION AND         The AU’s statement is accepted in determining who lives in the
DOCUMENTATION            household, unless information provided conflicts with other
                         information known to the agency.

                         If living arrangements are questionable, one of the following sources
                         of verification is used:

                            a statement from the landlord
                            a statement from persons outside the AU who have knowledge of
                             the AU’s situation
                            school records
                            any other source which verifies the AU’s statement.

                         The relationship of the child to the relative is traced by recording the
                         names and relationships of all direct and/or intermediate relatives.

                         Paternity must be established if the application is made by the father
                         or other paternal relative.

                         The AU’s statement of relationship is accepted unless information
                         known to the agency conflicts with the AU’s statement or is otherwise
                         questionable.

                         EXCEPTION: Legal guardianship must be verified.

  Verification Sources   If relationship is questionable, one of the following sources of
                         verification is used:

                            adoption record
                            affidavit of persons present at the birth
                            baptismal or other church record
                            birth certificate of the child, relative and the intermediary relative
                            census record
                            court record
                            family Bible
                            insurance record
                            marriage record




VOLUME I - TANF MT 2 - 10/02                                                     PAGE 1335-4
BASIC ELIGIBILITY CRITERIA                     LIVING WITH A SPECIFIED RELATIVE


VERIFICATION AND
DOCUMENTATION
(cont.)


  Verification Sources     medical record
                (cont.)
                           school record
                           social security record
                           vital statistics record
                           will
                           other reliable genealogical record
                           letter of legal guardianship.

      Documentation The following information must be documented:

                           AU’s statement of relationship and living arrangements
                           source of verification, if questionable.




VOLUME I - TANF MT 2 - 10/02                                                PAGE 1335-5
BASIC ELIGIBILITY CRITERIA                         LIVING WITH A SPECIFIED RELATIVE

The following chart indicates if a child in a special situation meets the living arrangement
criteria.

                CHART 1335.1 - LIVING WITH A SPECIFIED RELATIVE

       SITUATION                                          TREATMENT

 The adult relative is        The child meets the living with a specified relative criteria when all
 absent from the home         of the following conditions exist:
 because of treatment or
                                 the absence is temporary, with a plan for treatment or training to
 training.
                                  return the adult relative to the home,
                                                                AND
                                 the adult relative continues to exercise care and control of the
                                  child,
                                                                AND
                                 the adult relative wants to receive cash assistance during the
                                  absence.

                              NOTE: Treatment or training may be received at locations such as
                              schools, colleges, general hospitals, private psychiatric facilities,
                              substance abuse treatment facilities, nursing homes, and Job Corps
                              facilities. This list is not all-inclusive.

                              The child does not live with the adult relative if either of the
                              following conditions exist:

                                 The adult relative is incarcerated
                                 The adult relative is in a public institution.

 The AU resides in a          The AU meets the living arrangements criteria in facilities such as
 shelter.                     homeless or battered women and children shelters as for any other
                              group of related individuals who live together.

 The child lives with an      The child does not meet the living with a specified relative criteria
 individual who has legal     and is not eligible.
 custody but who is not a
 legal guardian and is not
 within the degree of
 relationship.




VOLUME I - TANF MT 2 - 10/02                                                        PAGE 1335-6
BASIC ELIGIBILITY CRITERIA                     LIVING WITH A SPECIFIED RELATIVE



          CHART 1335.1 - LIVING WITH A SPECIFIED RELATIVE (cont.)

     SITUATION                                        TREATMENT

The child is absent from   The child meets the living with a specified relative criteria when all
the home because of        of the following conditions exist:
treatment or training.
                              the absence is temporary, with a plan for treatment or training to
                               return the child to the home
                                                            AND
                              the care and control of the dependent child continue to be the
                               responsibility of the caretaker relative
                                                            AND
                              the caretaker or other eligible adult relative wants the child to be
                               included in the AU.

                           NOTE: Treatment or training may be received at locations such as
                           schools, colleges, general hospitals, private psychiatric facilities,
                           substance abuse treatment facilities, nursing homes, and Job Corps
                           facilities. This list is not all-inclusive.

                           The child does not meet the living with a specified relative criteria
                           if the following conditions exist:

                              The child is incarcerated, including placement in a detention
                               facility.
                              The child is placed in a public institution.
                              The child is placed in a private residential child care institution
                               such as the Georgia Baptist Children’s Home, the United
                               Methodist Children’s Home or a Georgia Sheriffs’ Youth
                               Home.

The only child(ren)        The child’s eligibility is determined on all points other than
receives SSI.              financial need.

                           The eligible caretaker and other eligible adult relative (if applicable)
                           are eligible. The SSI child cannot be included in the AU when
                           determining eligibility for cash assistance.

                           NOTE: The income and resources of an SSI child are not
                           considered in the eligibility determination.




VOLUME I - TANF MT 2 - 10/02                                                     PAGE 1335-7
BASIC ELIGIBILITY CRITERIA                       LIVING WITH A SPECIFIED RELATIVE



           CHART 1335.1 - LIVING WITH A SPECIFIED RELATIVE (cont.)

      SITUATION                                         TREATMENT

The child is in and out of   The child meets the living with a specified relative criteria when the
the home.                    absence is to be temporary and care and control of the child remains
                             with the adult relative.

                             The child who appears to reside in the home based on any of the
                             following indicators meets the living arrangements criteria:

                                The child has no other address.

                                The child lists the home as his/her address.

                             A child who visits the home does not meet the living arrangements
                             criteria.

The parents have joint       The child meets the living with a specified relative criteria as long
custody                      as the child resides for more than half the time in the home of the
                             parent who is applying.

The parent is in and out     The child meets the living with a specified relative criteria if the
of the home.                 following are met:

                                The parent has no other residence.
                                The parent lists the home as his/her address.
                                The parent shares in household expenses.

                             A parent who appears to visit the home based on any of the
                             following does not meet the living with criteria:

                                The parent does not share in household expenses.
                                The parent has a specific time frame for his/her visits.
                                The parent maintains another residence.




VOLUME I - TANF MT 2 - 10/02                                                       PAGE 1335-8
BASIC ELIGIBILITY CRITERIA                        LIVING WITH A SPECIFIED RELATIVE



           CHART 1335.1 - LIVING WITH A SPECIFIED RELATIVE (cont.)

      SITUATION                                          TREATMENT

The parent lives in the       The child meets the living with a specified relative criteria based on
home with the child and a     the parent.
specified relative who has
legal custody of the child    The relative with legal custody may be designated as the payee if it
(parental rights have not     is not in the best interest of the child for the parent to be payee.
been terminated).

The stepparent lives in the   The child meets the living with a specified relative criteria if one of
home                          the following situations exists:
            AND
                                 There is not a parent living in the home.
the stepparent has no
children of his or her own       The parent in the home receives SSI.
living in the home.
                              The child does not meet the criteria based on the stepparent if a
                              non-SSI parent lives in the home.




VOLUME I - TANF MT 2 - 10/02                                                        PAGE 1335-9
BASIC ELIGIBILITY CRITERIA                   LIVING WITH A SPECIFIED RELATIVE


PROCEDURES         Follow the steps below to determine if the dependent child lives with a
                   specified relative.

          Step 1 Identify the dependent child for whom assistance is requested.

          Step 2 Establish that the child lives in the home.

          Step 3 Identify the relationship to the child of the individual requesting
                 assistance.

          Step 4 Establish paternity if the individual is a paternal relative.




VOLUME I - TANF MT 2 - 10/02                                                     PAGE 1335-10

				
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