(A)
Requirements. A dependent child must be living with
his or her relative (
see
106 CMR
703.310) in a place of residence maintained
by such relative as a home. This requirement is met if:
(1) The child is physically present in the
home and the grantee exercises responsibility for the day-to-day care and
control of the child, even if the child is under the jurisdiction of a court
(for example, receiving probation services or protective supervision) or if
legal custody of the child is held by a public or private agency;
(2) The child spends time with a second
parent as a result of a shared custody agreement. Only one of the child's
natural or adoptive parents may be the eligible grantee for that child at any
one time;
(3) The child is
temporarily absent from the home except as specified in 106 CMR
703.330(A)(5);
and
(a) the temporary absence of the child is
not expected to last more than 120 consecutive days; or
(b) the temporary absence meets a good cause
exception specified in 106 CMR
703.330(A)(6).
Temporary absences for a child include attendance at
educational institutions or specialized schools, hospitalization, employment,
visits, a voluntary placement with the Department of Children and Families and
similar temporary situations; or
(4) The grantee is temporarily absent from
the home and the absence:
(a) is not expected
to last more than 120 consecutive days; or
(b) meets a good cause exception specified in
106 CMR
703.330(A)(6).
Temporary absences for a grantee include hospitalization,
employment, visits and similar short-term situations.
(B) The living
arrangement requirement is not met if the temporary absence is because:
(1) the child has been removed from the
household by a court order after a care and protection hearing; or
(2) the only child in the assistance unit has
been temporarily removed by the Department of Children and Families (DCF) in
accordance with DCF procedures.
(C) Good cause for an absence more than 120
consecutive days exists when the grantee has regular contact with the child and
continues to exercise care and control of the child, and:
(1) the child or grantee is
hospitalized;
(2) the child is
attending a residential school and returns to the home for visits, vacations or
holidays; or
(3) there is a
temporary family crisis situation.
The Commissioner or designee must approve a temporary absence
based on a family crisis.
(E) If the grantee does not notify the
Department within five calendar days of the date he or she learns that the
temporary absence of the child will exceed 120 consecutive days, the grantee
shall be determined ineligible.
