*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016. Please refer to the EPM for current health care program policy information. ***
Effective: September 1, 2009 |
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16.05.15 - Minor Child Lives Apart From Both Parents |
Archived: June 1, 2016 (Previous Versions) |
A medical support referral may be required when a minor child lives apart from both parents. One or both parents may be subject to payment of a parental fee. For minor children who do not live with at least one parent, determine if a medical support referral is required as follows:
l If the minor child does not live with a non-parent relative caretaker, a guardian, or a 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 non-parent relative caretaker, a guardian, or a foster parent, a medical support referral 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
Determine if the child's parents are considered to be custodial or non-custodial if a minor child lives with a non-parent caretaker, a guardian, or a foster parent.
Exception: Children in IV-E Foster Care Placements follow different rules.
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 with whom the child lived before entering placement.
Medical Support Referral or Parental Fee?
After determining whether the parents of a child who currently lives with a non-parent relative caretaker, a guardian, or a foster parent are custodial or non-custodial parents:
l Make a medical support referral for children with a non-custodial parent. Follow the rules for child-only cases.
l Do not make a medical support referral for children who do not have a non-custodial parent. Instead:
n For MA, pursue parental fees from any custodial parent, following your agency's procedures.
n For MinnesotaCare, do not pursue parental fees.
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 medical support referral is necessary because he left an intact home
(both parents are custodial).Follow agency 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 agency 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:
Alyssa’s mother is the custodial parent and her father is the non-custodial
parent. Make a IV-D referral for Alyssa's father and pursue parental fees
from her mother according to agency procedures if her father is not complying
with the order. If he is complying with the order, no IV-D referral is
required.
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 agency procedures.
Example:
Tina was removed from her parents' home and placed with her aunt Betty,
who was appointed guardian. Tina’s parents were married at the time of
her birth. There is no order for medical support. Since Aunt Betty is
now Tina's guardian, 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. Refer both parents
to the IV-D agency because both are non-custodial.
Children in IV-E Foster Care Placements
If a child is in a foster care placement funded through Title IV-E Foster Care:
l do not make a referral to IV-D for medical support.
l do not make a referral for parental fees (even though the child may be in a 24-hour out-of-home foster care placement).