Section 703.330 - TAFDC Living Arrangement(A)Requirements. A dependent child must be living with his or her relative (see106 CMR 703.310) in a place of residence maintained by such relative as a home. This requirement is met if: (1) The child is physically present in the home and the grantee exercises responsibility for the day-to-day care and control of the child, even if the child is under the jurisdiction of a court (for example, receiving probation services or protective supervision) or if legal custody of the child is held by a public or private agency;(2) The child spends time with a second parent as a result of a shared custody agreement. Only one of the child's natural or adoptive parents may be the eligible grantee for that child at any one time;(3) The child is temporarily absent from the home except as specified in 106 CMR 703.330(A)(5); and(a) the temporary absence of the child is not expected to last more than 120 consecutive days; or(b) the temporary absence meets a good cause exception specified in 106 CMR 703.330(A)(6). Temporary absences for a child include attendance at educational institutions or specialized schools, hospitalization, employment, visits, a voluntary placement with the Department of Children and Families and similar temporary situations; or
(4) The grantee is temporarily absent from the home and the absence:(a) is not expected to last more than 120 consecutive days; or(b) meets a good cause exception specified in 106 CMR 703.330(A)(6). Temporary absences for a grantee include hospitalization, employment, visits and similar short-term situations.
(B) The living arrangement requirement is not met if the temporary absence is because: (1) the child has been removed from the household by a court order after a care and protection hearing; or(2) the only child in the assistance unit has been temporarily removed by the Department of Children and Families (DCF) in accordance with DCF procedures.(C) Good cause for an absence more than 120 consecutive days exists when the grantee has regular contact with the child and continues to exercise care and control of the child, and: (1) the child or grantee is hospitalized;(2) the child is attending a residential school and returns to the home for visits, vacations or holidays; or(3) there is a temporary family crisis situation. The Commissioner or designee must approve a temporary absence based on a family crisis.
(E) If the grantee does not notify the Department within five calendar days of the date he or she learns that the temporary absence of the child will exceed 120 consecutive days, the grantee shall be determined ineligible.Adopted by Mass Register Issue 1360, eff. 3/9/2018.