Caretaker Relatives 510-05-35-15

(Revised 3/1/2024 ML #3811)

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(N.D.A.C. Section 75-02-02.1-08.1)

The following individuals may be considered a caretaker relative of a child seeking eligibility under Non-ACA Medicaid policies:

A natural or adoptive parent;

A grandparent (including a great, great-great, or great-great-great- grandparent);

A sibling, half-sibling, or step-sibling (if age sixteen or older);

An aunt or uncle (including a great or great-great aunt or great or great-great uncle);

A niece or nephew (including a great or great-great niece or great or great-great nephew);

A first cousin (an aunt or uncle’s child) or first cousin once removed (an aunt or uncle’s grandchild);

A second cousin (a great aunt or great uncle’s child);

A stepparent (if natural or adoptive parent is not in the home);

A stepbrother or stepsister; or

A spouse of any of the above individuals even after the marriage is terminated by death or divorce.

A child is considered to be living with a caretaker relative when away at school or when otherwise temporarily absent from the home. A child is not considered to be living with a caretaker relative when either the child or the caretaker is residing in a nursing care facility, an intermediate care facility for the intellectually disabled, or a specialized facility on other than a temporary basis.

A child may not be considered to be living with more than one caretaker relative in more than one Medicaid unit for the same time period.

Termination of parental rights removes all relationships and responsibilities between the parent and the child(ren). The parent becomes a "legal stranger" to the child(ren). However, for Medicaid purposes, the blood relatives of a parent whose parental rights have been terminated continue to be treated as relatives of the child(ren).