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(Revised 5/1/2025 ML 3909 )
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NDAC 75-02-01.3-01
The household must include the child(ren) for whom assistance is being requested and the following individuals residing in the home:
The natural, adoptive or stepparent(s)
All siblings , (including half and step-siblings) who are under age 19
All natural or adoptive children of the caretaker and caretaker's spouse who are under the age 19.
Note: The Child Care Assistance Program (CCAP), considers a child under the age of 19 through the month of the child’s 19th birthday.
Child under the Subsidized Guardianship Program
When two unmarried adults reside together, in order for a child to be considered a child in common, paternity of the child in common must be verbally acknowledged or legally adjudicated, or the parents must have signed a voluntary acknowledgment of paternity:
If child care is being requested for a child in common of unmarried parents, both parents and the children of both parents must be included in the unit.
If child care is NOT being requested for a child in common of unmarried parents, the child in common must be included in the unit(s) of siblings who child care is being requested.
Example #1: Unmarried non- TANF household includes mom, her child, Dad, his child and a child in common. Mom is requesting child care for her child and Dad is requesting child care for his child. Child care is not being requested for the child in common. Since assistance is not being requested for the child in common, Mom and Dad must each complete an application for CCAP. The child in common would be included as a household member in both Mom and Dad’s household. Both Mom and Dad would have a 3 person household.
Example #2: Unmarried non-TANF household that includes Mom, her child, Dad, and Mom and Dad’s child in common. Mom is requesting child care for her child. Child care is not being requested for the child in common. Mom must complete an application for CCAP. Mom would have a have a 3 person household which includes herself, her child and the child in common.
If the child(ren) for whom assistance is being requested resides with a loco parentis , the household must include the following individuals residing in the home:
The sibling(s) (including half and step-siblings) of the child for whom assistance is being requested
The loco parentis and spouse of the loco parentis
The loco parentis’ and spouse’s children under age 19
A minor parent who needs child care for their child(ren) and who is residing in his/her parents’ home is considered a separate household and must apply on their own behalf.
If the minor parent is in receipt of TANF, CCAP is considered TANF for CCAP.
If the minor parent is in receipt of Crossroads, CCAP is considered Crossroads for CCAP.
If the minor parent is in receipt of Diversion, CCAP is considered Diversion for CCAP.
All other minor parents are subject to Co-pay .
If a minor parent is residing with their parent(s) and the parent(s) have a child(ren) for whom child care is requested, the minor parent and the minor parent’s child(ren) are not considered members of their parents’ case.
The following individuals are excluded from the filing unit:
Children 19 years of age or older (a child is considered under the age of 19 through the month of the child's 19th birthday).
Any child for whom the household receives Foster Care payments.
An individual in the household who is not the caretaker or sibling of the child and not acting as loco parentis.
Parent(s) and other family members of a minor parent when the minor parent is requesting CCAP.
Minor parents and their child(ren) if the parent(s) of the minor child are requesting CCAP.
A child under 19 years of age who resides away from home may come home on weekends or vacations breaks. The child is not counted as part of the household if their visit is less than a full calendar month.
Note: A child under age 19 who has a child care need can be included in the household of the caretaker with whom the child care costs were incurred (refer to 400-28-35-25 , Parents Not Residing Together).
Persons Entering the Home:
New Applications and Reviews: Individuals required to be included in the filing unit who enter the home in the month prior to the application month must be included in the prior month determination. Individuals required to be included in the filing unit who enter the home prior to an application or review being approved must be included in the application or review month determination.
Ongoing Cases:
Households are not required to report changes in household size except when there is no longer an eligible child. When an eligible child moves into the household: If timely reported (within 10 days of the date of change) and verified, or is not questionable, the child is added effective the month the child entered the household.
If the change is not reported timely or is questionable and not verified timely, the child is added effective the month the change was reported or was verified, whichever is later.
When other individuals enter the household:
If an additional individual enters the household it must be determined if the cumulative effect of change in the household size, income and deductions of that caretaker results in an increase or decrease in the co-payment amount.
If the addition of the individual results in a decreased co-payment, the change is made based on timely reporting. If timely reported (within 10 days of the date of change) and verified, or is not questionable, the household size is changed and income is added effective the month the individual entered the household.
When an additional caretaker enters the household, it must be determined if that caretaker has an allowable activity. If the caretaker does not have an allowable activity, the household must be allowed three consecutive months of continued assistance based on timely reporting of the change and policy at Allowable Activities 400-28-55-05.
Example:
September application was approved with mom and her child. On February 15th, mom reports that the father of the child has entered her household February 13th. The father does not have an allowable activity as of entering the household. As the change was reported timely, the household’s three months of continued assistance begins March. Child care can continued to be paid for February, March, April and May with no activity of the father.
Persons Leaving the Home
New Applications and Reviews: At application, individuals who are required to be included in the CCAP unit leave the household in the month prior to the application month are included in the prior month determination but are not included in the application month determination. Individuals who are required to be included in the CCAP unit leave the home in the month of application or review prior to the application or review being approved or denied are not included in the child care assistance unit, unless the individual who left is a child and the child had a need for child care.
Ongoing Cases: Households are not required to report changes in household size except when there is no longer an eligible child. When an eligible child moves out of the household:
If timely reported (within 10 days of the date of change) and verified, or is not questionable, the child is removed in the month following the month the change occurred.
If the change is not reported timely or is questionable and not verified timely, the child is removed effective the month the change occurred.
If the only eligible child leaves the household, CCAP is closed based on timely reporting. Overpayments may need to be established for any months in which payment was made for child that was not present in the household.
When other individuals leave the household:
If an additional individual leaves the household it must be determined if the cumulative effect of change in the household size, income and deductions of that caretaker results in an increase or decrease in the co-payment amount.
If the removal of the individual results in a decreased co-payment, the change is made based on timely reporting. If timely reported (within 10 days of the date of change) and verified, or is not questionable, the filing unit size is changed and income is ended effective the month the individual left the household. If the change results in an increased co-payment, the change is not made.
In order for a marriage performed in North Dakota to be recognized or considered valid in North Dakota, couples are required to obtain a marriage license through the County Recorder’s Office.
Marriages that occur outside of North Dakota are considered valid in North Dakota if:
The marriage was legally performed in another state;
The marriage is a common law marriage that occurred in another state and was considered a valid marriage in that state (the couple would be required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); or
The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota.