Eligibility Factors for TANF Kinship Care 400-19-140-10

(Revised 1/1/2024 ML #3772)

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TANF Kinship Care financial assistance consists of the TANF benefit, TANF Kinship Care maintenance payment and TANF Kinship Care supportive services.  

 

There must be a court order placing care, custody and control of a child with a North Dakota Human Service Zone, the North Dakota Division of Juvenile Services (DJS) or a North Dakota Tribal Agency.

 

A child must be placed with a caretaker relative within the fifth degree of relationship and meet all TANF eligibility requirements.

 

TANF Kinship Care includes an ineligible caretaker and an eligible TANF Kinship Care child. TANF Kinship Care cannot include a caretaker as an eligible filing unit member.

 

Regular TANF may include an eligible caretaker and their non-Kinship Care children along with an eligible TANF Kinship Care child who is residing in the home. In this setting, the caretaker must meet all TANF eligibility requirements while only the Kinship Care child is eligible for the Kinship Care maintenance payment and TANF Kinship Care supportive services.

 

All factors of TANF eligibility apply including but not limited to:

1. Up-Front eligibility requirements.
2. Child Support Division requirements;
3. Income and asset considerations;
4. Monthly reporting requirements;
5. JOBS Program requirements, if the caretaker relative chooses and is eligible to receive TANF;

 

The Kinship Care caretaker relative must physically reside with the child and must make a good faith effort to secure all earned rights benefits to which the child may be entitled including but not limited to Social Security benefits (i.e. student/survivors benefits or disability benefits) or Veteran’s benefits.

 

A child in receipt of Supplemental Security Income (SSI) is not eligible for TANF Kinship Care assistance.

 

The caretaker relative may not receive a TANF Kinship Care benefit and Foster Care payments for the same child for the same month.

 

Exception: When the child resides with a caretaker relative whose foster care eligibility for the child has ended and the caretaker relative applies for TANF in the same month, eligibility for the child may begin the first date following the last day for which a foster care payment was made.

 

A caretaker relative may request their ongoing case be switched from TANF Kinship Care to regular TANF or from regular TANF to TANF Kinship Care effective with the future benefit month. However, in order for a case to be changed from regular TANF to TANF Kinship Care, all of the TANF Kinship Care requirements must be met. Refer to Section 400-19-140-05, Overview - TANF Kinship Care.

 

Once Regular TANF has been paid, the case cannot be switched to TANF Kinship Care for that benefit month. Similarly, once TANF Kinship Care has been paid, the case cannot be switched to Regular TANF for that benefit month. However, this does not prevent eligibility from being evaluated for additional household members who are required to be considered for TANF after a paid benefit.

 

A caretaker relative in an ongoing case that requests TANF Kinship Care assistance, must complete an SFN 405, Application for Assistance or the Electronic Application along with a complete Monthly Report which must be signed by the caretaker relative. Eligibility for TANF Kinship Care may be established on the date the Human Service Zone receives the signed request or date of eligibility, whichever is later.