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OTHER ELIGIBILITY REQUIREMENTS LEGALLY RESPONSIBLE RELATIVES (LRRs) PARENTS AND CHILDREN

ABSENT PARENTS

Description: Absent parents are legally responsible for their children under the age of 21. Policy: Generally, the income of parents is considered in the eligibility determination of children under the age of 21. The income/resources of the parents of a pregnant minor are not considered in the determination of eligibility regardless of where the pregnant minor resides.

References: SSL Sect. 101

366

Dept. Reg. 360-1.4(h)

360-4.3(f)

360-7.11(b)(iii)

ADMs OMM/ADM 97-2

89 ADM-47

INFs

07 OHIP/INF-1

Interpretation: The income actually contributed by an absent parent is considered in the determination of eligibility. A referral is made to the Child Support Enforcement Unit (IV-D) to determine the amount of any contribution, medical support, paternity and any appropriate recovery.

In situations of evenly shared (physical and legal) custody of a child(ren) the child’s eligibility is determined using the parental income of the applying household and the child’s own income, if any. Child support payments count as income to the applying household that is in receipt of the payment and the payment is subject to the $100 child support disregard. If the child(ren) would be eligible in both parent’s separate households, the child’s Medicaid is authorized in the case of the household that applies first.

(MRG)