View History

3.5.4 ESSENTIAL PERSON

An  AFDC-Related MA Family MA  group is limited to:
 

  1. A dependent child(ren), and
     

  2. A natural parent, or adoptive parent(s), or one NLRR, and
     

  3. Essential persons.

 

Only IM agency staff in positions or with authority higher than a first line IM Worker may approve, deny, and review any essential person designation.  Reviews must occur at least every six months.

 

When a child is under the care of the spouse of a stepparent (when there's no eligible child-in-common) or NLRR, the other spouse can be included in the MA group only if s/he is an essential person.  Only a caretaker who has a child under his/her care may designate an essential person.

 

To designate an essential person, the caretaker fills out the Designation of an AFDC-Related Essential Person form and submits it to the IM agency.  S/he must document the need for each essential person and that the person can provide the essential service.

 

Example: Carl, age 2, lives with his mother and stepfather. There is no child-in-common.  Although both the mother and stepfather are caretakers,  only the mother may have Carl under her care.  To include the stepfather in the MA group, the mother must designate him as an essential person.

 

Carl next moves in with his aunt and uncle, and is under his aunt's care.  To include the uncle in the MA group, the aunt must designate him as an essential person.

 

Final approval rests with the IM agency.

 

More than one person may be designated as an essential person in the same MA group, but only for different children.  No one, however, may be an essential person in more than one MA group.  Also, there can be no essential person if there is no born child, as in a Maternity Care case.
 

To be included in an AFDC-Related MA group as an essential person, the designated person must:

 

  1. Be related to an AFDC-Related MA group member.
     

  2. Be otherwise nonfinancially eligible, except that the essential person need not have a minor or dependent 18-year-old under his/her care.

 

  1. Provide at least one of the following to another MA group member:

 

    1. Child care that enables a caretaker to:
       

      • Work outside the home, full time (30 hours or more a week), for pay,
         

      • Receive training full time (30 hours or more a week),
         

      • Attend HS or GED classes full time (as defined by the school).
         

  1. Care for anyone who is incapacitated.

 

Consider a parent incapacitated if, due to physical, emotional, or mental impairment, s/he cannot:

 

 

 

If the applicant claims s/he is incapacitated and cannot work full-time at employment paying at least Federal minimum wage, do the following:

 

Give him/her the Medical Examination and Capacity Form ( DES 2012 ).   Instruct him/her that it must be completed by a medical professional.

 

 

This page last updated in Release Number : 04-03

Release Date :08-02-04

Effective Date :08-02-04