(Revised 7/1/14 ML #3406)
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(N.D.A.C. Section 75-02-02.1-08.1)
- The following individuals may be considered a caretaker relative of a child seeking eligibility under Non-ACA Medicaid policies:
- A natural or adoptive parent;
- A grandparent (including a great, great-great, or great-great-great- grandparent);
- A sibling (if age sixteen or older);
- An aunt or uncle (including a great or great-great aunt or great or great-great uncle);
- A niece or nephew (including a great or great-great niece or great or great-great nephew);
- A first cousin (an aunt or uncle’s child) or first cousin once removed (an aunt or uncle’s grandchild);
- A second cousin (a great aunt or great uncle’s child);
- A stepparent (if natural or adoptive parent is not in the home);
- A stepbrother or stepsister; or
- A spouse of any of the above individuals even after the marriage is terminated by death or divorce.
- A child is considered to be living with a caretaker relative when away at school or when otherwise temporarily absent from the home. A child is not considered to be living with a caretaker relative when either the child or the caretaker is residing in a nursing care facility, an intermediate care facility for the mentally retarded, or a specialized facility on other than a temporary basis.
- A child may not be considered to be living with more than one caretaker relative in more than one Medicaid unit for the same time period.
- Termination of parental rights removes all relationships and responsibilities between the parent and the child(ren). The parent becomes a "legal stranger" to the child(ren). However, for Medicaid purposes, the blood relatives of a parent whose parental rights have been terminated continue to be treated as relatives of the child(ren).
