Household Composition 400-28-35
Child Care Assistance Unit 400-28-35-05
(Revised 11/1/11 ML #3295)
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NDAC 75-02-01.3-01
The household must include the child(ren) for whom assistance is being requested and the following individuals residing in the home:
- The natural, adoptive or stepparent(s)
- All siblings, (including half and step-siblings) who are under age 19
When two unmarried adults reside together, in order for a child to be considered a child in common, paternity of the child in common must be verbally acknowledged or legally adjudicated, or the parents must have signed a voluntary acknowledgement of paternity.
- If child care is being requested for a child in common of unmarried parents’, both parents and the children of both parents must be included in the unit.
- If child care is NOT being requested for a child in common of unmarried parents’, the child in common must be included in the unit(s) of siblings who child care is being requested.
Example: Household includes mom, her child, Dad, his child and a child in common. Mom is requesting child care for her child and Dad is requesting child care for his child. Child care is not being requested for the child in common. Since assistance is not being requested for the child in common, Mom and Dad must each complete an application for the Child Care Assistance Program. The child in common would be included as a household member in both Mom and Dad’s household. Both Mom and Dad would have a 3 person household.
See Section 400-28-45-25, Unmarried TANF Households – Child in Common for an exception for TANF Households.
If the child(ren) for whom assistance is being requested resides with a loco parentis, the household must include the following individuals residing in the home:
- The sibling(s) (including half and step-siblings) of the child for whom assistance is being requested
- The loco parentis and spouse of the loco parentis
- The loco parentis’ and spouse’s children under age 19
A minor parent who needs child care for their child(ren) and who is residing in his/her parents’ home is considered a separate household and must apply on their own behalf.
- If the minor parent is determined eligible for TANF the case is considered TANF for the Child Care Assistance Program (CCAP).
- If the minor parent is determined eligible for Crossroads, the case is considered Crossroads for CCAP.
- All other minor parents are subject to Co-pay, unless the minor parent is in receipt of TANF, or Crossroads.
If a minor parent is residing with their parent(s) and the parent(s) have a child(ren) for whom child care is requested, the minor parent and the minor parent’s child(ren) are not considered members of their parents’ case.
The following individuals are excluded from the household count:
- Children 19 years of age or older (child is considered 19 years of age through the month of the child’s birthday)
- Any child for whom the household receives Foster Care payments
- An individual in the household who is not the caretaker or sibling of the child and not acting as loco parentis
- Parent(s) and other family members of a minor parent when the minor parent is requesting CCAP assistance
- An individual disqualified because of a Child Care Assistance Program Intentional Program Violation
Note: The income and expenses of an individual who has an Intentional Program Violation continues to be considered.
A child visiting a home where the duration is expected to last over 30 uninterrupted days is considered a household member for the period of time they are in that home.
Persons Entering the Home
- New Applications:
- When an individual enters the home prior to an application being approved, if required, the individual must be included in the child care assistance unit.
- Ongoing Cases:
- When an individual enters the home and child care is not needed for the individual for the month of entry, the individual is not included in the child care assistance unit if their addition results in a decreased benefit or ineligibility for the month of entry. If required, the individual must be included in the child care assistance unit the month following the month of entry.
- When an individual enters the home and child care is needed for the individual, the individual is added to the case for the month of entry, based on whether or not the information was timely reported and verified.
Persons Leaving the Home
- New Applications:
- Individuals who leave the home prior to the application being approved or denied are not included in the child care assistance unit, unless the individual who left is a child and the child had a need for child care.
- Ongoing Cases:
- Once a case is approved, individuals who leave the home are included in the child care assistance unit through the month in which they left. Effective the month following the month the individual left, the individual must be removed from the unit.
