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3. Individuals who legally adopt a child or his parent, as well as the natural and other legally adopted children of such individuals. All relatives of individuals who adopt children become the relatives of the adopted children, just as if there were a blood relationship. 4. Spouses of any individuals named in the above groups, even if the marriage is

Volume III | Chapter 3

terminated by death or divorce. Although no “legal” relationship remains between the payee and child, the widow/widower or divorced spouse of a blood relative will remain within the specified degree of relationship for TANF purposes. 5. A natural or biological parent whose child has returned to this parent's home after being legally adopted by another individual. In such instances, the natural parent is no longer legally responsible for the child and the adoptive parent(s) must be reported to the Division of Child Support Enforcement in order to meet the eligibility requirements for TANF. The adoptive parent is now the parent who is legally obligated to provide food, shelter, and clothing and to care for and maintain the child. Effect of Custody The fact that there has been judicial consideration of the child's circumstances and that the court may have taken jurisdiction of the child or given legal custody to another agency does not constitute a barrier to the child's being considered as living with a relative. The relative, of course, must exercise responsibility for the child, and must be within the specified degree of relationship. An individual with legal custody of a child, but who is not within the specified degree of relationship may not have a TANF case for that child. Guardianship To be eligible to receive TANF for a child, the guardian or conservator must be either (1) the parent or other specified relative with whom the child lives or (2) the guardian or conservator of the parent or other specified relative with whom the child lives. In the second situation, the guardian would usually be the protective payee for the case with his/her name entered on the EBCR screen to receive and handle the TANF benefit. Payment cannot be made to a legal guardian or conservator of the child if this is not a relative within the specified degree of relationship with whom the child lives. If such is the case, the worker should obtain the consent of the guardian before making a specified relative, not the guardian, the grantee relative. Guardianship is also addressed under corrective authorization procedures. 3600 MISSISSIPPI NON - FINANCIAL CRITERIA: LIVING WITH CARETAKER RELATIVE

Revised 08 - 01 - 06