To be eligible for EAEDC, a caretaker family must meet all the
requirements specified in 106 CMR 703.700(A)(1) through (3).
(A) An eligible caretaker family is defined
as:
(1) a dependent child younger than 18
years old;
(2) the dependent
child's siblings or half-siblings, if any; and
(3) a caretaker who:
(a) is 18 years of age or older;
(b) does not meet the relationship
requirement specified in
106 CMR
703.310;
(c) is living in the same home as the
dependent child; and
(d) has legal
custody or guardianship of the dependent child unless good cause exists. Good
cause exists if obtaining legal custody or guardianship may place the caretaker
or the dependent child at risk of serious harm or emotional impairment. A
serious emotional impairment is one of such severity that it would
significantly reduce the caretaker's or the child's capacity to care for
himself or herself or significantly reduce his or her capacity to perform
essential activities of daily living.
If the caretaker does not have legal custody or guardianship of
the dependent child, the caretaker shall get legal custody or guardianship or
provide verification of good cause for failure to obtain such custody or
guardianship at the end of six months from the date assistance begins or six
months from the date of the next eligibility review, whichever is later.
Good cause is verified by the following:
1. a statement, signed by the caretaker,
detailing the reason he or she believes obtaining legal custody or guardianship
places him or her or the dependent child at risk of serious harm or emotional
impairment, including any incidents which led him or her to believe this is
true, and the approximate dates of such incidents; and
2. court, medical, criminal, child protective
service, psychological, law enforcement, or school records, or other official
documentation that demonstrate that there is a risk of serious harm or
emotional impairment to either the caretaker or the dependent child.
If the documents listed in 106 CMR 703.700(A)(3)(d)1. and 2.
are not available or inconclusive, a sworn detailed statement from the
caretaker and at least one other individual with knowledge of the circumstances
which supports his or her good cause claim.
(B) The filing
unit (
see
106
CMR
704.310:
Composition of the
Filing Unit) must include the dependent child and his or her siblings
or half-siblings living in the same home, but it shall not include foster
children.
(C) The assistance unit
must include all the individuals specified in 106 CMR
703.700(A)(1) unless one
or more of these persons:
(1) is eligible for
and/or receiving TAFDC or SSI; or
(2) does not meet the EAEDC citizenship and
alienage requirements (
see
106 CMR
703.440 through
703.460)
. There must be at least one dependent child in an assistance unit unless all
the dependent children and siblings or half-siblings living in the same home
are eligible for and/or receiving SSI.
(D) The assistance unit (
see
106
CMR
704.305) may include only the caretaker
unless the only dependent child is a foster child (
see
106 CMR
703.191,
703.600,
703.610
or
703.620)
.
(E) The assistance unit has been
determined ineligible for TAFDC because the caretaker did not meet the
relationship to the dependent child requirement (
see
106 CMR
703.310) .
(F) There is no option to exclude from the
assistance unit the dependent child and/or any of the siblings or half-siblings
of the dependent child living in the same home except as specified in 106 CMR
703.700(C).
(G) If the caretaker
chooses to be included in the assistance unit, is between 18 and 59 years of
age and is not in school, training, or gainfully employed, he or she must
register for work with the Division of Career Services (DCS) as a condition of
initial and continuing eligibility, and must:
(1) actively seek employment;
(2) maintain his or her registration with
DCS;
(3) accept a referral to or
offer of suitable employment;
(4)
report to the Department on the results of any job referral; and
(5) provide verification from DCS of his or
her attempts to find employment and verification of any other efforts to obtain
employment. Verification must be provided by the applicant or client at least
once every three months or more frequently as required by the Department.
For purposes of 106 CMR 703.700(G), the following shall
apply:
(6) To be considered
in school, the caretaker must be regularly attending school full-time, a
minimum of 20 hours per week;
(7)
To be considered gainfully employed, the caretaker must be working 30 or more
hours per week earning at least the federal or state minimum wage, whichever is
less; and
(8) To be considered in
training, the caretaker must be regularly attending a full-time training
program for 80% of the full-time scheduled hours as specified by the training
provider.
(H) If the
caretaker chooses to be included in the assistance unit and the youngest
dependent child in the household is 15 years of age or older, the caretaker
must meet the TEMP requirements (
see
106
CMR
703.710) .
The Department determines whether the individual who has failed
to comply with the requirements of 106 CMR 703.700(G) and (H) has an exemption
as specified in
106 CMR 703.720
or has good cause as specified in
106 CMR
701.380: Good Cause
Criteria.
