Households with Shared Custody of Children

(a) When a casehead , as defined in He-W 701.01, in supplemental nutrition assistance program (SNAP) household, hereinafter known as household x claims a child as a member of their SNAP household, but the child is currently included as a member of another SNAP household, hereinafter known as household y, the casehead of SNAP household x shall provide to the department one of the following documents:

(1) If the child is under the age of 18, a signed statement from the casehead of SNAP household y which states the child resides in SNAP household x; or

(2) If the child is at least age 18 but under the age of 22, a signed statement from the child stating the child resides in SNAP household x.

(b) When the documentation described in (a) above is received by the department, the child shall be removed from the assistance group (AG) of SNAP household y and placed in the AG of SNAP household x within the following timeframes:

(1) Thirty days of the application filing date, pursuant to 7 CFR 273.2(g)(1), if the child was reported on a new application; or

(2) Ten days of receiving report of the change, pursuant to 7 CFR 273.12(c)(1)(iii), if SNAP household x is currently participating and is requesting to add the child.

(c) If the documentation described in (a) above cannot be provided, the casehead of SNAP household x shall provide to the department the following types of documentation, including, but not limited to:

(1) Court order in which the dates and information in the order indicate that SNAP household x legally has physical custody of the child more than 50% of the time;

(2) Current school records which indicate that the child currently resides in SNAP household x;

(3) Current medical records which indicate that the child currently resides in SNAP household x; or

(4) Current child care records which indicate that the child currently resides in SNAP household x.

(d) The department shall review the documentation described in (c) above to determine if the documentation verifies that the child resides in household x more than 50% of the time. If the department reaches this determination, then the department shall remove the child from the AG of SNAP household y and place the child in the AG of SNAP household x within the timeframes specified in (b) above.

(f) If a court order and all other documentation described in (c) above indicates the child resides in SNAP household x exactly 50% of the time, the casehead of SNAP household x shall provide to the department the parenting plan of the court order indicating the number of meal time hours the child has resided in SNAP household x for the previous 6 months.

(g) Meal time hours as described in (f) above shall be defined as breakfast, lunch, and dinner, as follows:

(1) Breakfast time hours shall be the hours between 12:00 a.m. and 10:00 a.m.;

(2) Lunch time hours shall be the hours between 10:01 a.m. and 3:00 p.m.; and

(3) Dinner time hours shall be the hours between 3:01 p.m. and 11:59 p.m..

(h) The child shall be removed from SNAP household y and placed in SNAP household x, within the timeframes specified in (b) above, when the documentation described in (f) indicates the child resided in SNAP household x more than 50% of meal time hours for the previous 6 months.

( i ) The child shall remain in household y in accordance with 7 CFR 273.3(a) when:

(1) Household x fails to provide the documentation described in (f) above within 10 calendar days of the request to add the child to household x; or

(2) The documentation described in (f) above does not prove that the child resided in household x more than 50% of meal time hours for the previous 6 months.

Source. (See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05

New. #10404, eff 9-3-13; ss by #13624, eff 4-27-23