Sec.17b-749-03. Individuals included in the family

(a) CCAP program and payment eligibility shall be determined based on the circumstances of the individuals who reside together in the same household. Parents who state that they are not living together, but maintain separate residences in the same building or adjacent apartments shall be considered to be residing together if they routinely sleep in the same home, take meals together and continue to function as a family unit. Evidence of separation of financial responsibilities and the pursuit or payment of child support from the non-custodial parent shall be considered when making this determination.

(b) A person who is temporarily absent from the household shall be considered to be a family member if the person intends to return to the home, does not establish a permanent residence elsewhere and the absence is not expected to continue for more than ninety consecutive days. A minor dependent shall be considered to be a family member if the parent retains custody or primary responsibility for the child during the absence. A minor dependent who is temporarily absent while attending school outside the home shall be considered to be a family member if the parent maintains living quarters for the child and the child is expected to return to the home following completion of the school activity. Other temporary absences of a household member shall not affect the determination of the composition of the family, as long as the person is absent for not more than ninety consecutive days.

(c) If the child's parents are separated and have joint custody of the child, the child shall be considered living with the parent with whom the child resides at least fifty percent of the time. If the child lives with each parent for an equal amount of time, the parents shall be required to reach an agreement concerning which parent shall apply for CCAP as a condition of eligibility. If the parents cannot reach an agreement, the child shall be considered to be living with the parent who applied for CCAP first. Only one parent shall be eligible to receive assistance for the child in any month unless the child goes to live with the other parent during the month on a permanent basis.

(d) The following individuals shall be included in the family, unless otherwise specified in this section:

(1) parents of the children for whom assistance is requested as defined in subsection (32) of section 17b-749-01 of the Regulations of Connecticut State Agencies;

(2) the parent's spouse and their minor dependents; and

(3) any individuals who receive cash assistance together as part of the same TFA assistance unit.

(e) If the household contains a minor parent, the legal guardian or parents of the minor parent through blood, marriage or adoption and their current or former spouses shall be included in the family together with their minor dependents.

(f) If a minor parent lives with someone acting in loco parentis who is not his or her legal guardian or parent through blood, marriage or adoption or the current or former spouse of such individuals, the family shall include the individual acting in loco parentis, his or her current or former spouse and their minor dependents under the following conditions:

(1) if the person acting in loco parentis receives TFA cash assistance as part of the same assistance unit as the minor parent; or

(2) if the person acting in loco parentis requests child care assistance to support his or her own work, school or employment services activity or that of his or her spouse.

(g) If a minor parent lives with someone acting in loco parentis who is not his or her legal guardian or parent through blood, marriage or adoption or the current or former spouse of such individuals, the family shall include only the minor parent, the minor parent's children and the other parent of the minor parent's children under the following conditions:

(1) if assistance is requested only for the children of the minor parent(s); and

(2) assistance is requested only to support the work, school, or employment services activity of the minor parent(s).

(h) A separate family unit shall be established for children receiving foster care payments from the Connecticut Department of Children and Families. The foster parent and other household members shall not be included in the same family unit with the foster child or children for purposes of determining income eligibility or benefits. The CCAP administrator shall establish a separate family unit if the foster parent requests assistance for another child in the household who is not a foster child.

(i) A child who is adopted from Connecticut Department of Children and Families shall continue to be treated as his or her own family unit for twelve months following the date of the adoption. After twelve months following the date of adoption, the adoptive parent and other household members shall be included in the family unit.

(Adopted effective July 10, 2001)