207.05 Living with a Specified Relative (FAM)

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A specified relative must be related to the child in one of the ways described in the Glossary (see Glossary, S-words). A dependent child must physically live, eat, and sleep in a specified relative’s home, unless good cause exists for temporary absence from the home.

A child is considered to be living with a specified relative when:

• the child shares a dwelling with the specified relative; and

• the specified relative provides day-to-day care and parental control and supervision of the child.

If a child shares a dwelling with both a parent and a non-parent specified relative, consider the child to be living with the parent.

Determine the casehead by establishing who is providing day-to-day care and parental control and supervision of the child.

Example 1: Gloria is a Payee Relative Not Included (PRNI) in her grandchild Sam’s FAP case, but she does not have legal custody or guardianship. Gloria’s daughter, Beth, moves into the household. The PRNI FAP case closes because Gloria does not have legal custody of Sam. Eligibility for financial assistance must be redetermined based on Beth and Sam with Beth as the casehead.

Example 2: Gloria has legal custody of her grandson Sam and they receive NHEP financial assistance. Beth, Gloria’s daughter, moves into the household. Beth must be added to the assistance group and Gloria continues to be the casehead because she has legal custody of Sam.

Temporary absence from the home may be of indefinite duration as long as the return to the home is expected and the specified relative retains care and control of the child.

• Good cause exists when the parent or specified relative retains care and control of the child and the child’s return to the home is expected.

• For a child who is absent from the home to attend school, good cause exists provided the parent or specified relative maintains care and control of the child and the child returns home during vacation periods and semester breaks, or intends to return home at the end of the school year.

If good cause for temporary absence does not exist, the child in question must be removed from the assistance group before 45 days if the parent or specified relative knows or becomes aware that the child’s absence will be more than 45 days and good cause does not exist. Close the entire case if there are no other dependent children in the home.

Parent(s) or specified relatives are required to notify the Department within 5 days of becoming aware that the child will be absent from the home for a period of 45 days or more. Failure to provide such notification will result in the parent(s) or specified relative being ineligible for FANF financial assistance for the period in which the child’s absence was unreported. If appropriate, refer the individual to the Office of Special Investigations (OSI).

References: He-W 630.01; 42 USC 608(a)(10); RSA 167:6, V; RSA 167:78; RSA 167:79, II & V(b)