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Wisconsin Department of Health and Family Services Obsolete Medicaid Eligibility Handbook For the current MEH, see http://www.emhandbooks.wi.gov/meh-ebd/ For the current BC Plus Handbook, see http://www.emhandbooks.wi.gov/bcplus/ |
A minor or dependent 18-year-old is under the care of a person when the person:
Is a caretaker, and
Exercises primary responsibility for the child or dependent 18-year-old’s care and control, including making plans for him/her. Once a minor marries, s/he no longer can be under the care of a caretaker relative.
Unless a court has transferred custody to someone else, assume that the child's parents have legal custody of their child.
If a child lives simultaneously with both an NLRR and an adult LRR, the child is under the care of the relative who is living with the child and who has legal custody of the child.
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Example: Alice, age six, and her mother, Jane, live with Jane's parents. The grandparents have legal custody of Alice. Alice is considered to be under the care of her grandparents, not of her mother. |
If a child lives with his/her parent(s), but legal custody has been transferred to someone else who is not living with them, the child (with one exception) is under the care of his/her parent(s). For the exception, see 3.5.3.2 Joint Custody below.
When the natural or adoptive parents of a child do not live together, and have joint custody (through a mutually agreed upon arrangement or court order), act on the Family MA case as follows:
Determine if the agreement or court order awarding joint custody designates a “primary caretaker.” A parent designated as the primary caretaker is the primary person.
If one parent is not designated, ask the parents to decide which one is the “primary caretaker.” If they decide within the 30-day processing, act on the application as based on what they decided.
If no decision is made within the 30 days of the application date, review the parents’ activities and responsibilities to determine which parent is the primary caretaker. Use the list below:
If the parents reside in different school districts, where does the child attend school? Who selected the school?
Who assists the child with homework or school-related tasks?
Are there tuition costs for the child’s education? If so, who pays those costs?
If the child is enrolled in day care, who arranges for and pays these costs?
Who is responsible for taking the child to and from school and/or day care?
Which parent is listed as the contact for emergencies at the child’s school or day care provider?
Who arranges medical and dental care for the child? Who selects the physician and dentist? Who maintains the child’s medical records?
Who initiates decisions regarding the child’s future?
Who responds to medical or law enforcement emergencies involving the child?
Who spends money on food or clothing for the child when the child visits the absent parent?
Who disciplines the child?
Who plays with the child and arranges for entertainment?
Are more of the child’s toys, clothing, etc., kept at one parent’s home than the other’s?
This list is not exclusive, and there may be situations where you find additional criteria to apply.
There are cases in which these questions may be answered positively for both parents. However, in reviewing parental responsibilities and roles, usually you will find one parent more often identified. Identify this parent as the primary person for determining eligibility.
Document your decision in the case record.
This page last updated in Release Number : 02-01
Release Date :01-01-02
Effective Date :01-01-02
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