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3.5.7 HUBER LAW

Huber Law prisoners who are released from jail for the purpose of attending to the needs of their families can become eligible for Medicaid.  If the other parent is continuously absent, the Huber law prisoner may be the caretaker (3.5.2)  in the household if the prisoner.

 

  1.  Intends to return to the home,

 

  1. Continues to be involved in the planning for the support and care.
     

Huber Law prisoners who are released for a purpose other than attending to the needs of their families are not eligible for Medicaid.  Consider them to be absent parents.

 

Absent parents.  A child is deprived of parental (mother or father or both) care or support when a parent is continuously absent from the home:

 

  1. Due to the parent’s death, divorce, legal separation, annulled marriage, abandonment, institutionalization, or incarceration (prison or jail).
     

  1. For any other reason except military service.  “Any other reason” means:,

 

  1. The parent’s absence interrupts or ends his/her parental role of provider of maintenance, physical care, or guidance to the child, and

 

  1. The known or indefinite length of the absence is such that s/he can’t be counted on for planning the child’s present support of care.

 

This page last updated in Release Number : 04-03

Release Date: 08/02/04

Effective Date: 08/02/04