Page 35

Vermont Department for Children and Families Reach Up Eligibility Rules Economic Services Division 2200 35

parent does not qualify as an eligible parent in relation to the minor parent.

2223 Eligible Caretaker (08/01/2024, 23-28) a. An eligible caretaker is a relative or unrelated adult acting in the role of a parent and must meet the following conditions:

1. An eligible caretaker must be a person who is fulfilling a parental role that is in the best interest of the child and is providing physical care, guidance, and decision-making related to the child’s health, school, medical care, and discipline.

i. If a parent of the child can be reached, the decision to name a caretaker will be made after consultation with that parent. ii. The best interest of the child will be presumed when: A. The child’s life is able to continue as normally as possible in the absence of one or both parents; B. There is no substantiated evidence of child abuse or neglect, and there is no evidence of violence or criminal behavior by the caretaker; and C. There is a pre-existing relationship with the child and the child’s parent(s). 2. An eligible caretaker must be a person who is fulfilling a parental role because: i. The parent is not in the home due to death; ii. The parent is unable to provide guidance due to incarceration or extreme illness; iii. The child has been abandoned, and there is no available relative able to care for the child; iv. Placement of the child with a relative would be considered unsuitable; or v. The caretaker is a more appropriate choice than an available relative due to the child’s existing relationship to the caretaker and/or the caretaker’s ability to provide quality care and guidance to the child.

2224 Shared Custody (08/01/2024, 23-28)

a. In most cases, the eligible parent will be determined according to the Parental Rights and Responsibilities (PR&R) Agreement, regardless of where the parents claim the child is actually living.

b. When two parents share custody of a child, and both parents have applied for Reach Up benefits and have claimed the same child as a member of their Reach Up household, the eligible parent shall be determined according to the following list:

1. When one parent has sole legal and physical responsibility pursuant to a PR&R Agreement, then that parent is the eligible parent.

2. When one parent has physical responsibility for the child more than half of the time pursuant to a