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Note “First cousin” includes a first cousin from a different generation, such as a first cousin once removed (that is, the relative is taking care of their first cousin’s child). • Spouse of any of the above and the spouse of a child’s parent, even after the marriage ends by death, divorce, or separation Annulment of a marriage removes all relationships established by the marriage except parent. A spouse is that person recognized by Wisconsin law as another person’s legal spouse. Wisconsin does not recognize common law marriage. Being "under the care” means the caretaker relative exercises primary responsibility for the child’s care and control, including making plans for them. Once a child marries, they can no longer be considered under the care of a caretaker relative. In cases where a child resides with both a non-parent relative and a parent, the parent is considered to have legal custody of the child, unless legal custody has been given by a court to the relative. When legal custody has been given by a court to the relative, the relative is considered a caretaker relative for BadgerCare Plus. Note A child under age 19 residing with a caretaker relative may not apply as the primary person for the relative’s benefits.
For both a caretaker relative and a child to be included in one case, the caretaker relative must apply for BadgerCare Plus. 2.2.3 Child Welfare Parents and Caretakers Most parents and caretakers whose children have been placed in out-of-home care continue to have their eligibility for BadgerCare Plus determined under the parent/caretaker relative category, as the child is considered temporarily absent. See SECTION 10.1 ELIGIBILITY FOR PARENT OR CARETAKER RELATIVE WHEN CHILD IS REMOVED FROM THEIR CARE for more information. 2.2.4 Pregnant Woman A pregnant woman is nonfinancially eligible for BadgerCare Plus. Marital status has no effect on her nonfinancial eligibility. If she is a pregnant minor, she does not have to be under the care of or related to the caretaker to be eligible for BadgerCare Plus. If there is a pregnant woman in the group, include the number of expected babies in the group size. Verification of the number of expected babies is not required unless questionable. If the number of babies is unknown, add one to the group size. 2.2.5 Former Foster Care Youth Former Foster Care Youth (FFCY) is a special status of BadgerCare Plus eligibility. This eligibility is available to qualifying youth under age 26, who were in out-of-home care, court-ordered Kinship Care, long-term Kinship Care, or a Subsidized Guardianship agreement on the date of their 18th birthday. Qualifying individuals are categorically eligible for BadgerCare Plus. There is no financial test or income limit. This includes individuals who were in a qualifying placement or agreement in any state when they turned 18. See SECTION 11.2 FORMER FOSTER CARE YOUTH for detailed eligibility criteria for Former Foster Care Youth.