Ariz. Admin. Code § 6-12-309

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-12-309 - Relationship

A. To qualify for CA, a dependent child shall reside with at least one of the following specified relatives:

1. A parent;

2. A stepmother, stepfather, stepbrother, or stepsister;

3. A person who is within the fifth degree of kinship to the dependent child, including: grandmother, grandfather, brother, sister, uncle, aunt, first cousin, nephew, niece, persons of preceding generations as denoted by prefixes "grand," "great," or "great-great," great-great-great grandparents, and first cousins once removed;

4. A spouse of any person named in the above groups, even if the marriage has been terminated by death;

5. A legal permanent guardian who is appointed pursuant to A.R.S. § 8-872; or

6. An unrelated adult only when the child is in the legal custody of the Department and placed in a foster home or with the unrelated adult.

B. The Department shall not determine a child or NPCR ineligible solely for any of the following reasons:

1. The dependent child is under the jurisdiction of a court;

2. An agency or individual unrelated to the child has legal custody of the child;

3. The dependent child, or the child's parent or NPCR, is temporarily absent from the child's home because:

a. The child is making a court-ordered visit to a non-custodial parent for a period not to exceed three consecutive months;

b. The child is visiting a parent who has a legal order awarding joint custody of the child, and the child resides with the parent who is part of the child's assistance unit for the entire calendar month;

c. The child is living in a Department-licensed shelter which does not receive funding under Title IV-A or IV-E of the Social Security Act, and the child is expected to return to the home within 30 days of issuance of the first benefit payment;

d. During the month for which benefits are sought, the child is entering or leaving foster care funded by other than Title IV-E of the Social Security Act;

e. The child is temporarily hospitalized;

f. The child is visiting friends or other relatives for a period not to exceed three consecutive months; or

g. The child is attending school but returns home at least once a year.

C. The Department shall verify the requisite degree of relationship between the child and the child's parent or NPCR.

Ariz. Admin. Code § R6-12-309

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3). Amended by exempt rulemaking at 16 A.A.R. 1141, effective July 1, 2010 (Supp. 10-2).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.