Household Composition 400-28-35

 

Child Care Assistance Unit 400-28-35-05

(Revised 10/1/15 ML #3458)

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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
• All natural or adoptive children of the caretaker and caretaker's spouse who are under the age 19.

Example #1: Unmarried non-TANF 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 CCAP. 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.

 

Example #2: Unmarried non-TANF household that includes Mom, her child, Dad, and Mom and Dad’s child in common. Mom is requesting child care for her child. Child care is not being requested for the child in common. Mom must complete an application for CCAP. Mom would have a have a 3 person household which includes herself, her child and the child in common.

 

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 in receipt of TANF, the case is considered TANF for CCAP.
• If the minor parent is in receipt of Crossroads, the case is considered Crossroads for CCAP.
• If the minor parent is in receipt of Diversion, the case is considered Diversion for CCAP.
• All other minor parents are subject to Co-pay.

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 (a child is considered under the age of 19 through the month of the child's 19th 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.
• Minor parents and their child(ren) if the parent(s) of the minor child are requesting CCAP.
• A child under 19 years of age who resides away from home may come home on weekends or vacations breaks. The child is not counted as part of the household if their visit is less than a full calendar month.

Note: A child under age 19 who has a child care need can be included in the household of the caretaker with whom the child care costs were incurred (refer to 400-28-35-25, Parents Not Residing Together).

Persons Entering the Home:

• New Applications:

  • Individuals required to be included in the child care assistance unit who enter the home in the month prior to the application month must be included in the prior month determination.

  • Individuals required to be included in the child care assistance unit who enter the home prior to an application being approved must be included in the application month determination.
• 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 must be added to the case for the month of entry regardless of the effect on the benefit, based on whether or not the information was timely reported and verified.

Persons Leaving the Home

• New Applications:

  • Individuals who are required to be included in the child care assistance unit leave the household in the month prior to the application month are included in the prior month determination but are not included in the application month determination.

  • Individuals who are required to be included in the child care assistance unit leave the home in the month of application 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.

 

In order for a marriage performed in North Dakota to be recognized or considered valid in North Dakota, couples are required to obtain a marriage license through the County Recorder’s Office.

 

Marriages that occur outside of North Dakota are considered valid in North Dakota if:

1. The marriage was legally performed in another state;
2. The marriage is a common law marriage that occurred in another state and was considered a valid marriage in that state (the couple would be required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); or
3. The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota.

Note: Polygamous marriages violate the strong public policy of North Dakota.