Revision 16-4; Effective October 1, 2016

TANF

A child must live in the home with a relative listed in A-221, Who Is Included, No. 4. A home is the family setting maintained or being established, as evidenced by continuation of responsibility for day-to-day care of the child by the relative with whom the child is living.

Medical Programs except TP 08 and TA 31

Domicile requirements do not apply to these programs. Children can live with a parent or caretaker relative, or not live with a parent or caretaker relative (for example, independent children).

TP 08 and TA 31

For a parent or caretaker relative to be eligible for TP 08 or TA 31, they must be living with the dependent child of whom they have care and control. In general, for a caretaker to be considered as having care and control of a child, the child must live in the home with the relative. A home is the family setting maintained or being established, as evidenced by continuation of responsibility for day-to-day care of the child by the relative with whom the child is living.

The parent or caretaker relative may meet the domicile requirement when the dependent child is not included in their Modified Adjusted Gross Income (MAGI) household composition.

Example: A grandfather is living with his grandchild, but the grandchild is claimed as a tax dependent by a non-custodial parent. The grandfather is applying for health care for himself. In this example, the grandchild is not included in the grandfather’s MAGI household composition since the grandfather is not claiming the grandchild as a tax dependent. However, the grandfather meets the domicile requirement if the grandchild lives with the grandfather and meets the care and control requirements explained in A-921, How to Determine Care and Control.

Related Policy
Children Admitted into State Hospitals, A-922
Children Residing in General Residential Operations Facilities, A-923

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

Advisors must not deny assistance because a household member or payee is temporarily out of the home if all of the following conditions are met:

• The person is out of the home due to:
  • temporary separation from other family members, and the family has no regular place of residence;
  • hospitalization or receipt of outpatient services;
  • attending school or training (including schools for the deaf and blind);
  • being on vacation;
  • being in a home for children not considered to be a public institution; or
  • seeking employment away from home.
• The parent or caretaker relative/payee is still responsible for the child's care and control. See A-921, How to Determine Care and Control, to determine whether the caretaker/payee still has care and control.
• The person's absence is not anticipated to be more than the allowable six- or 12-month period.

Advisors must certify or continue eligibility, and review the Eligibility Determination Group (EDG) every three months. Advisors remove the absent household member from the EDG after:

• six months (beginning with the first full month of absence from the home); or
• 12 months for situations when a family member is out of the home because the member is:
  • hospitalized or receiving outpatient services;
  • attending school or training; or
  • in a home for children not considered to be an institution.

The allowable six- or 12-month period begins again if the absent person returns to and resides in the home for at least 30 consecutive days. Advisors must not apply the temporary absence time frames when a parent is out of the home solely because of employment. Advisors must include the employed parent in the certified group if the parent meets all other eligibility criteria. See A-1040, Deprivation Based on Absence from the Home.

If a member of the certified group enters a nursing home, advisors leave the member’s needs in the household composition if the member will be there temporarily or until the member is certified for Supplemental Security Income (SSI). Advisors refer the recipient to the Social Security office for an SSI eligibility determination.

TANF

If the advisor removes the caretaker from the EDG, the EDG must be denied, and the advisor must ask another relative in the home that qualifies as caretaker to apply for the child(ren).

Medical Programs

If the advisor denies the parent or caretaker relative’s EDG, this does not impact the other associated Medical Program EDGs, and the other individuals cannot be required to reapply for Medical Programs.

A—921 How to Determine Care and Control

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

The parent or caretaker relative/payee cannot be considered responsible for the absent child's care and control when the child:

• is placed out of the caretaker/payee's home by the court, and the caretaker/payee has no authority to remove the child; or
• has a court-appointed guardian other than the caretaker/payee.

These children are independent children. The advisor must determine their eligibility for one of the Medical Programs.

Other considerations for care and control include:

• Who has the financial responsibility for the child's medical and dental costs?
• Who makes the decisions about health care, medical care, schooling and other personal care decisions?
• To what extent is the caretaker/payee involved with the child? How often does the caretaker/payee visit the child? What is the caretaker/payee's involvement with decisions for the care, well-being, schooling, etc.?
• To what extent does the caretaker/payee actively participate in the guidance and development of the child?
• What is the caretaker/payee's financial involvement for the child? That is, does the caretaker/payee pay a regular fee for the child's enrollment and participation in the home's programs?
• What restrictions or limitations have been placed on the caretaker/payee's rights?

Based on the responses to these questions, the advisor must make a prudent person decision about the caretaker/payee still being responsible for the child's care and control.

Related Policy

Prudent Person Principle, A-137

A—922 Children Admitted into State Hospitals

Revision 15-4; Effective October 1, 2015

Medical Programs except TP 08 and TA 31

Advisors consider a child admitted into a state hospital as an independent child if the caretaker no longer has care and control and the child was admitted:

• via a court order, or
• voluntarily.

The child is not considered an independent child if the child was admitted voluntarily and the caretaker/payee continues to have care and control.

A—923 Children Residing in General Residential Operations Facilities

Revision 24-1; Effective Jan. 1, 2024

Medical Programs except TP 08 and TA 31

A child admitted into a general residential operations facility is an independent child because these facilities have care and control over the children. Facilities that are members of the Texas Coalition of Homes for Children are considered general residential operations facilities.

Once a child is placed in a general residential operations facility, the facility provides a live-in house parent model of care. The house parent(s) assumes responsibility for the child and acts in lieu of the parent(s) to meet the child’s ongoing needs.

A facility may apply for medical assistance on behalf of a child under its care. The facility has limited power of attorney and is considered an alternate payee for a child’s Medicaid EDG.

The facility submits an application listing the child as a case name and a representative from the facility as an authorized representative (AR). If the representative is no longer affiliated with the facility, the facility must name a new representative to serve as the child’s AR.

If an independent child is in a facility that is not a member of the Texas Coalition of Homes for Children:

• submit Form H0005, Policy Clarification Request
• include a copy of the placement contract; and
• the power of attorney from that facility.

When a child moves out of a facility, the facility’s AR must report the change of address and end the AR designation.

Related Policy

Authorized Representatives (AR), A-170
Children’s Living Arrangements, A-241.3.1
Verification Requirements, A-940
Verification Sources, A-941 
Reporting Requirements, B-620

A—924 Disqualification for Failure to Report Temporary Absence

Revision 15-4; Effective October 1, 2015

TANF

If a caretaker relative (a legal parent or other caretaker relative) fails to timely report the temporary absence of a certified child, the caretaker relative is disqualified until the earlier of the following occurs:

• the child returns to the home,
• the child is removed from the certified group, or
• the EDG is denied.

Related Policy

TANF — Budgeting for a Household Member Disqualified for Noncompliance with SSN, TPR, Failure to Timely Report a Certified Child’s Temporary Absence, Intentional Program Violation, Being a Fugitive or a Felony Drug Conviction, A-1362.2
General Policy, A-1210

Revision 15-4; Effective October 1, 2015

TANF

To receive Temporary Assistance for Needy Families (TANF) benefits, unmarried minor parents must live:

• with a parent, legal guardian or adult relative; or
  
  Note: The unmarried minor parent does not have to be included in a TANF EDG with the minor parent's parent unless required by policy in A-221, Who Is Included.
• in a local second chance home, maternity home or other residential facility that provides an adult-supervised living arrangement, if available in the local community, if the unmarried minor parent:
  • has no parent, legal guardian, or adult relative:
    • who is living;
    • whose whereabouts are known; and
    • who is willing and appropriate; or
  • cannot live with such an individual because of prior or potential abuse or neglect.

Advisors must notify the minor parent of available local facilities.

An unmarried minor parent and child are not required to live in a second chance home, maternity home or other adult-supervised living arrangement if it is not in their best interest. The advisor, using the prudent person principle, determines whether the unmarried minor parent's current living arrangement is in their best interest.

"In their best interest" means either:

• there is no parent, legal guardian or adult relative with whom the minor parent and child can live; or
• there is no adult-supervised facility in the community; or
• their current living arrangement provides as much or more safety and emotional or financial security than living in a local adult-supervised facility.

Examples:

• An unmarried minor parent is employed, their child has safe child care, and the move would result in the loss of employment.
• An unmarried minor parent lives alone or with a family friend, has no living adult relative, and no alternative adult-supervised facility is available in the community.

 

A—931 Failure to Comply

Revision 15-4; Effective October 1, 2015

TANF

Advisors must disqualify an unmarried minor parent who fails to comply with the requirement to live with a parent, legal guardian, adult relative, or in an adult-supervised living arrangement.

Related Policy
Budgeting for a Legal Parent Disqualified for Alien Status, Failure to Prove Citizenship, Noncompliance with the Unmarried Minor Parent Domicile Requirement or State Time Limits, A-1362.1

 

A—940 Verification Requirements

Revision 21-1; Effective January 1, 2021

TANF, TP 08 and TA 31

Verify that a person meets the 30-day domicile requirement before allowing additional temporary absence periods.

Related Policy
Temporary Absence from the Home, A-920

TANF

Verify domicile:

• at application and redetermination for all certified children; and
• when a change occurs:
  • for newly added children; or
  • if questionable, for all certified children.

For an unmarried minor parent:

• verify domicile at application and redetermination;
• obtain a statement from the parent, legal guardian, adult relative or an employee of the adult-supervised setting; or
• contact school officials or use a current school record showing the same address as the parent, legal guardian, adult relative or approved adult-supervised setting.

 TP 08 and TA 31

Verify domicile of a dependent child:

• at application and redetermination; and
• when a change impacts the living situation or care and control of the dependent child.

 
Medical Programs

Verify verbally with a state hospital employee whether a child entered a state hospital via a court order or if the child was admitted voluntarily. If the child was admitted voluntarily, determine whether the caretaker or payee still has care and control.

Verify verbally with a facility employee a child’s placement into a general residential operations facility.

Related Policy
Children’s Living Arrangements, A-241.3.1
Children Admitted into State Hospitals, A-922
Children Residing in General Residential Operations Facilities, A-923

A—941 Verification Sources

Revision 17-2; Effective April 1, 2017

TANF, TP 08 and TA 31

• For a preschool-age child, advisors must:
  • observe the interaction between the child and caretaker/payee in either the home or the office;
  • obtain a statement from a non-relative landlord; or
  • obtain a statement from a non-relative neighbor.
• For a school-age child, obtain from the individual the name of the school for each school-age child. If the individual does not know where the child attends school and cannot provide a reasonable explanation, consider domicile questionable. When domicile is questionable, contact the school to verify domicile. If domicile is not questionable, use any of the following sources to verify domicile:
  • contact school officials or use a current school record showing the same address as the caretaker;
  • obtain a statement from a non-relative landlord;
  • obtain a statement from a non-relative neighbor; or
  • follow the same observation procedures for a preschool-age child if it does not interfere with school attendance.
• For individuals reported as released from juvenile placement by Texas Juvenile Justice Department (TJJD)/Juvenile Probation Department, use the Juvenile Medicaid Tracker.

If a child is home schooled, obtain domicile verification from another collateral source. See A-1640, Verification Requirements.

Note: Use Form H1155, Request for Domicile Verification, to request written domicile verification from a non-relative. Use Form H1857, Landlord Verification, to obtain verification from a non-relative landlord.

Medical Programs except TP 08 and TA 31

Advisors may accept self-declaration as verification of domicile.

For a child placed into a general residential operations facility:

• limited power of attorney to obtain health care and educational services; and
• placement contract.

Related Policy
Children’s Living Arrangements, A-241.3.1
Children Residing in General Residential Operations Facilities, A-923
Questionable Information, C-920
Providing Verification, C-930

Revision 15-4; Effective October 1, 2015

TANF and Medical Programs

Advisors must document:

• information from the verification source to prove the children live in the home (for collateral contacts, include name and address and/or telephone number);
• the reason for any temporary absence;
• information from the verification source to prove the household member or payee returned to and lived in the home for at least 30 days when allowing another temporary absence period;
• the living arrangement for unmarried minor parents;
• if the caretaker/relative continues to provide care and control when a child is admitted voluntarily into a state hospital;
• if a child was admitted into a state hospital voluntarily or via a court order; and
• if a child was admitted into a general residential operations facility.

Note: For Medical Programs except TP 08 and TA 31, accept self-declaration as verification of domicile.

TANF, TP 08 and TA 31

Advisors must document the school name, obtained from the caretaker/payee during the interview, for each school-age child.

TANF

Advisors must document how the minor parent meets or does not meet the unmarried minor parent domicile requirement, according to policy in A-930, Requirement for Unmarried Minor Parents to Live with an Adult or in an Adult-Supervised Setting.

Related Policy
Documentation, C-940
The Texas Works Documentation Guide