Relative Responsibility 510-05-35-20

(Revised 7/1/14 ML #3406)

(N.D.A.C. Sections 75-02-02.1-25 and 75-02-02.1-34)

As a condition to receiving Medicaid, no support may be required of relatives other than from spouses and from natural or adoptive parents for children, under age 18, who are blind or disabled.

Under North Dakota law, a stepparent has no legally enforceable obligation to support stepchildren. Therefore, the stepparent's own personal income and assets cannot be considered available in determining Medicaid eligibility for the stepchildren. The natural parent, however, is legally responsible for supporting the children. The income of the natural parent cannot be first applied to the children if by doing so other members of the family are deprived of basic necessities.

If a child resides with a caretaker other than the parent, and the parent’s whereabouts are known, an attempt must be made to obtain the parent’s financial information. If the parent’s income is made available, follow the budgeting procedures outlined in section 05-90-23, Budgeting Procedures for Financially Responsible Absent Parents. If unable to obtain the information, document the efforts made, determine the child’s eligibility without the parental information, and refer the case to the Child Support Enforcement Unit.