D-4213 Parent
Revision 09-4; Effective December 1, 2009
A parent whose income and resources are subject to deeming is one who lives in the same household with an eligible child and is:
a natural or adoptive parent of the child; or
the spouse of the natural or adoptive parent (“stepparent”) who lives in the same household as the natural or adoptive parent.
Deeming applies from a parent to a child when they live together in the same household, except in a Home and Community-Based Services waiver situation. Deem a parent's income and resources to an eligible child beginning the month:
after the month the child comes home to live with the parent(s) (for example, the month following the month the child comes home from the hospital);
of birth if a child is born in the parent's home;
after the month of adoption (the month of adoption is the month the adoption becomes final); or
after the month of a parent’s marriage (that is, when a natural or adoptive parent marries) or the month after the month a parent begins living in a “holding out” relationship.
Generally, the same deeming rules that apply to a parent also apply to the spouse of a parent (a stepparent).
Exceptions: Do not deem the income or resources of a stepparent living with an eligible child if the natural or adoptive parent:
is deceased;
is divorced from the stepparent; or
has permanently left the household.
Treat any absence by a natural or adoptive parent as permanent unless it is considered a temporary absence, such as military duty.
For parent-to-child deeming purposes, consider the following in the budget:
the eligible child;
the eligible child's parent(s); and
other children of the parents.
Note: A person whose parental rights have been terminated due to adoption no longer meets the definition of “parent” for Medicaid purposes. This remains true even if the adopted child later lives in the same household with the former parent.
Refer cases involving adopted Native American children who return to the household of a former parent to your regional attorney. The parent-child relationship in these cases is governed by tribal law and likely requires further legal interpretation.