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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/ |
3.5.6.2 Non-Legally Responsible Relatives ( NLRR ) Caretakers
A child and that child's caretaker can be in the same AFDC- Related or AFDC-MA AFDC-MA is the category of Medicaid that is based on rules for the Aid to Families with Dependant Children Program (AFDC) that were in effect on July 16, 1996. group even when not living together if either is temporarily absent, provided:
The continuous absence is expected to be for no more than six months.
The IM agency may approve an extension of a child's temporary absence beyond six months when there is a written plan that demonstrates that the intent is to return the child to the caretaker's home, and
The child’s care is not reimbursable by the Title IV-E program ( Federal Foster Care ), and
The caretaker continues to exercise responsibility for the care and control of the child.
A child may be considered temporarily absent, and remain in the caretaker's AFDC-Related or AFDC-MA group, when s/he is placed in non-Title IV-E Foster Care, Kinship Care, or a group home.
Children who are inmates of public institutions (5.8.1) are not temporarily absent.
Children who are placed in an institution for 30 or more days are not temporarily absent, unless they were placed there by a child welfare agency.
Children who are placed in an IMD are not temporarily absent, unless they were placed there by a child welfare agency.
If the child is removed under a dispositional order meeting the following criteria, s/he is ineligible under the temporary absence policy.
For AFDC-MA, if the child's absence is the result of removing the child under a dispositional order which places the physical custody of the child outside of the home for three months or more. This includes an order for an indefinite period.
For AFDC-Related MA, if the child’s absence is the result of removing the child under a dispositional order:
Placing the physical custody of the child outside of the home (for any duration), and
The caretaker doesn’t participate in a permanency plan developed by the child welfare agency whose goal is the reunification of the family.
Non-Legally Responsible Relatives ( NLRR ) of children placed in their homes may be eligible for MA as a caretaker of a deprived child. This would include children receiving Kinship Care. If the child is temporarily absent from his/her parent’s home, an NLRR wouldn't be eligible for MA as the caretaker of the child. Both the NLRR and the parents can’t be considered to be providing care. Under the temporary absence policy, the parents are still the children’s caretaker while the children are temporarily absent.
The process to certify temporarily absent children is not in CARES Client Assistance for Re-employment & Economic Support. You can either do overrides in CARES or by completing and returning a HCF 10110 ( formerly DES 3070 ). Completed HCF 10110s may be returned by:
Mail: EDS
P.O. Box 7636
Madison, WI 53707
E-mail: eds_3070@dhfs.state.wi.us
Fax: (608) 221-8815
If a caretaker informs you that his/her child has been placed outside of the home under a dispositional order, ask who their caseworker is. The caseworker will verify
the:
Child is not IV-E eligible, and
The caretakers continue to participate in a child welfare agency developed plan whose goal is reunification of the family.
Caretakers must meet eligibility under the AFDC-Related Categorically Needy criteria to receive MA. The child must be deprived due to the absence, incapacity or unemployment of a parent.
Determine eligibility for the caretaker as if the child is in the home. Count the income Income is anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter. of the child. Do not count child support or any foster care payments provided by the caretakers you are determining eligibility for. If found eligible, certify the caretaker manually using a 3070 with a Med Stat code of “AM.”
Certify temporarily absent children separately from their caretaker.
See 5.7.5.9
This page last updated in Release Number : 05-01
Release Date: 01-11-05
Effective Date: 01-11-05
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