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Effective: December 1, 2006 |
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16.05.15ar1 - Minor Child Lives Apart From Both Parents (Archive) |
Archived: September 1, 2009 |
When a minor child lives apart from both parents, a medical support referral may be required. One or both parents may be subject to payment of a parental fee.
l If the minor child does not live with a caretaker (non-parent relative caretaker, legal guardian, or foster parent), no medical support referral is required.
Note: For Medical Assistance (MA), pursue parental fees for these children according to your agency’s procedures.
l If the minor child does live with a caretaker, follow the guidelines below to determine when a medical support referral (or parental fee) is required.
Determining Custodial and Non-Custodial Parents.
Medical Support Referral or Parental Fee?
Children in IV-E Foster Care Placements.
Determining Custodial and Non-Custodial Parents
If a minor child lives with a non-parent relative caretaker, legal guardian, or foster parent (if the foster care placement is not funded through Title IV-E - see below for children in Title IV-E placements), determine if the child's parents are considered to be custodial or non-custodial.
l If the child previously lived with both parents (referred to as an ”intact home”), there is no non-custodial parent; both parents are considered ”custodial.”
l If the child previously lived with one parent, consider that parent to be the custodial parent. The other parent is the non-custodial parent.
l If legal custody of the child was transferred to a person other than a parent, both parents are considered ”non-custodial.”
Exception: This does not apply when the county agency is given custody of a child for purposes of out-of-home placement. When the agency has custody, determine whether there is a non-custodial parent based on who the child lived with before entering placement.
Medical Support Referral or Parental Fee?
Once you have determined whether the parents of a child who now lives instead with a caretaker (as noted above) are custodial or non-custodial:
l Refer the non-custodial parent to the IV-D Agency following the rules for child-only cases.
l Do not refer the custodial parent to the IV-D agency. Instead:
n For MA, follow your agency's procedures for pursuing parental fees from the custodial parent.
n For MinnesotaCare, no action is required for the custodial parent.
Example:
Daniel, age 16, moved out of his parents' home and lives with a friend. He is eligible for MA. His parents gave him permission to move out and are not contributing toward his support. Daniel has never been married or served in the armed forces.
Action:
Although Daniel is not emancipated, no referral is necessary because he left an intact home and there is no court order for medical support from either parent. Follow your agency’s procedures for pursuing parental fees since this is an MA case.
Example:
John, age nine, is placed in a foster home. He was removed from his parents' home. He is not eligible for Title IV-E reimbursement for the placement but is eligible for MA.
Action:
Do not make a referral for IV-D medical support enforcement because, since John left an intact home, there is no non-custodial parent. Pursue parental fees according to your agency's procedures.
Example:
Alyssa, age 10, is removed from her mother's home and placed in foster care. She is not eligible for Title IV-E reimbursement for the placement but is eligible for MA. Her parents are divorced and her father is court-ordered to provide health insurance for Alyssa.
Action:
If Alyssa's father is not complying with the order, make a IV-D referral for him and pursue parental fees according to your agency's procedures. If he is complying with the order, no IV-D referral is required. Pursue parental fees for both parents according to your agency's procedures.
Example:
Lynn, age 17, lived with her mother. Her parents are divorced and there is a court order for medical support from her father. He is not complying with the order. Lynn moves out of her mother's home into her own apartment and applies for MinnesotaCare for herself.
Action:
Because Lynn does not live with a caretaker, do not make a medical support referral.
Note: If Lynn applies for MA instead of MinnesotaCare, pursue parental fees according to your agency's procedures.
Example:
Tina was removed from her parents' home and placed with her aunt Betty, who was given legal custody. Tina’s parents were married at the time of her birth. There is no order for medical support. Since Aunt Betty has legal custody of Tina, both parents are now considered non-custodial.
Action:
Because Tina’s paternity is legally established, this is a child-only case that meets the criteria for a medical support referral. Because her parents are both non-custodial, refer them both to the IV-D agency.
Children in IV-E Foster Care Placements
If a child is in a foster care placement funded through Title IV-E Foster Care, do not make a separate referral for medical support or, for MA, pursue parental fees. Follow your agency's procedures for Title IV-E referrals.