41-500.B. Caretaker Relative Requirements       

 

Table of Contents

The Application Process section includes the following information:

 

Topic

Determining the Caretaker Relative

Care and Control

Number of Caretaker Relatives

Minor Parent / Caretaker Relative

Changing Caretaker Relatives

When Unable to Verify Relationship Procedures

Acceptable Evidence of Relationship

Alternating Caretaker Relative Living Arrangements for a Child

Equal Time Caretaker Relative Living Arrangements for a Child

When Both Parents Apply for Aid as the Caretaker Relative

 

 

 

Determining the Caretaker Relative

 

 

 

 

 

 

 

Back to Table of Contents

·  Generally, if the child is living with a parent, the parent is the caretaker relative. 

 

·  If the child is not living with the parent, the applicant will be the caretaker relative.

 

·   The Human Services Specialist (HSS) must make a determination of what person or persons have responsibility for the care and control of the children for whom aid is being requested based on information supplied by the applicant.

 

·  It the birth or adoptive parent is not the caretaker relative, but lives in the same home as the caretaker relative and the eligible child, the parent is included in the assistance unit (AU).

 

 

Care and Control

 

 

 

 

 

 

 

 

 

 

 

Back to Table of Contents

The responsibilities for care and control of the child may include but are not limited to the following:

 

·  Responsible for the well being of the child (personal hygiene, clothing, medical and dental care, nutrition, etc.);

 

·  Responsible for the child’s education or child care (enrolls child in school, takes child to school, assists with child’s homework, attends parent-teacher meetings, etc.);

 

·  Responsible for the discipline of the child (sets rules, curfew, monitors child’s behavior, etc.);

 

·  Responsible for the religious, cultural and social well being of the child (church attendance, involvement with community groups and organizations, i.e., scouting, little league, school dances, movies, etc.)

 

·  Claims the child as a tax dependent.

 

 

Number of Caretaker Relatives

An AU may have more than one caretaker relative.  For example, a married couple each with a child from a prior relationship is each considered the caretaker relative for their respective child.  However, an eligible child shall have only one caretaker relative at a time.

 

 

Minor Parent / Caretaker Relative

A child who is a caretaker relative for their own or another child (i.e. a sibling) must not be considered as a child in order to establish eligibility for a senior parent in the household.

 

 

Changing Caretaker Relatives

Only one needy caretaker relative can be aided with an AU at a time.  When an AU relocates from the home of one needy caretaker relative to the home of another needy caretaker relative, the second caretaker relative cannot be aided until the first of the following month.

 

 

Caretaker Relationship Verification

 

 

 

Back to Table of Contents

·  HSS must document in the case file the evidence used to verify the relationship of the Caretaker Relative to the applicant or eligible child.

 

·  When the evidence of relationship is incomplete, HSSs are to continue to pursue verification to the point that a preponderance of evidence supports an approval or denial of aid. 

 

·  The HSS documents in the case record which kind(s) of evidence does or does not establish relationship.  Inconsistent or contradictory evidence should be referred to PAF.

 

 

When Unable to Verify Relationship Procedures

 

 

 

 

Back to Table of Contents

When evidence is not available to establish relationship, aid may be approved by a supervisor when:

 

·  There is a non-parent caretaker relative;

 

·  The claim of relationship is not inconsistent or questionable;

 

·  The supervisor has deemed to be acceptable a sworn statement by the caretaker relative that affirms his/her relationship to the child; and

 

·  The steps taken to acquire evidence of relationship and their outcome are documented in the case record.

 

 

Acceptable Evidence of Relationship

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Back to Table of Contents

The following are examples of acceptable evidence of Caretaker Relative’s relationship to a child:

 

Type of Records

Document

Birth Records

·  Adoption papers or records

·  Baptismal records of birth and parentage

·  Birth certificate

Court Records

·  Court records of parentage

·  Court support records

·  Divorce papers or termination of California registered domestic partnership

·  Juvenile Court records

Government Records

·  Bureau of Vital Statistics or local government records of birth and parentage

·  Census records

·  Indian Census records

·  Child Support Agency paternity records

·  Marriage licenses records or declaration of California registered domestic partnership

·  Public Health records of birth and parentage

Miscellaneous

·  Church records (including a statement from a priest, minister, rabbi, imam or other holy person) of parentage or relationship

·  Day care center records

·  Family Bible

·  Insurance Policy

·  Hospital records

·  Outpatient care records (maintained by a hospital, clinic or physician)

·  Voluntary social service agency records

 

 

 

Alternating Caretaker Relative Living Arrangements for a Child

 

 

 

 

 

Back to Table of Contents

·  If a child stays alternately for periods of less than one month with each parent, the caretaker relative will be, in most situations the parent with whom the child stays for the majority of the time.  The temporary absence of the caretaker relative or child does not affect this determination.

 

·  When a child alternates between parents for periods of more than one full calendar month, there is no temporary absence.  The child is considered to be permanently absent from one parent when he/she is with the other parent.

 

·  The parent with whom the child stays for the minority of the time may be the caretaker relative if that parent can establish that he/she has majority responsibility for care and control of the child.

 

 

Equal Time Caretaker Relative Living Arrangements for a Child

When the child spends an equal amount of time with each parent, and each parent exercises an equal share of care and control, the parent who applied for aid is considered the caretaker relative, provided the other parent is not currently applying for or receiving aid for the child. 

 

When Both Parents Apply for Aid as the Caretaker Relative

 

 

 

 

 

 

Back to Table of Contents

When each parent has applied for aid the caretaker relative is determined by:

 

·  The parent designated in a current court order as the primary caretaker for purposes of public assistance under Civil Code Section 4600.5(h).

 

·  When a court order does not exist and only one parent would be eligible for aid, the parent who would be eligible is the caretaker relative.

 

·  When both parents would be eligible, the parents will designate one parent as the caretaker relative.

 

·  If the parents cannot reach agreement, the parent who first applied for aid for the child will be the caretaker relative.