Section 703.700 - EAEDC Caretaker FamilyTo be eligible for EAEDC, a caretaker family must meet all the requirements specified in 106 CMR 703.700(A)(1) through (3).
(A) An eligible caretaker family is defined as:(1) a dependent child younger than 18 years old;(2) the dependent child's siblings or half-siblings, if any; and(3) a caretaker who: (a) is 18 years of age or older;(b) does not meet the relationship requirement specified in 106 CMR 703.310;(c) is living in the same home as the dependent child; and(d) has legal custody or guardianship of the dependent child unless good cause exists. Good cause exists if obtaining legal custody or guardianship may place the caretaker or the dependent child at risk of serious harm or emotional impairment. A serious emotional impairment is one of such severity that it would significantly reduce the caretaker's or the child's capacity to care for himself or herself or significantly reduce his or her capacity to perform essential activities of daily living. If the caretaker does not have legal custody or guardianship of the dependent child, the caretaker shall get legal custody or guardianship or provide verification of good cause for failure to obtain such custody or guardianship at the end of six months from the date assistance begins or six months from the date of the next eligibility review, whichever is later.
Good cause is verified by the following:
1. a statement, signed by the caretaker, detailing the reason he or she believes obtaining legal custody or guardianship places him or her or the dependent child at risk of serious harm or emotional impairment, including any incidents which led him or her to believe this is true, and the approximate dates of such incidents; and2. court, medical, criminal, child protective service, psychological, law enforcement, or school records, or other official documentation that demonstrate that there is a risk of serious harm or emotional impairment to either the caretaker or the dependent child. If the documents listed in 106 CMR 703.700(A)(3)(d)1. and 2. are not available or inconclusive, a sworn detailed statement from the caretaker and at least one other individual with knowledge of the circumstances which supports his or her good cause claim.
(B) The filing unit (see106 CMR 704.310: Composition of the Filing Unit) must include the dependent child and his or her siblings or half-siblings living in the same home, but it shall not include foster children.(C) The assistance unit must include all the individuals specified in 106 CMR 703.700(A)(1) unless one or more of these persons:(1) is eligible for and/or receiving TAFDC or SSI; or(2) does not meet the EAEDC citizenship and alienage requirements (see106 CMR 703.440 through 703.460) . There must be at least one dependent child in an assistance unit unless all the dependent children and siblings or half-siblings living in the same home are eligible for and/or receiving SSI.(D) The assistance unit (see106 CMR 704.305) may include only the caretaker unless the only dependent child is a foster child (see106 CMR 703.191, 703.600, 703.610 or 703.620) .(E) The assistance unit has been determined ineligible for TAFDC because the caretaker did not meet the relationship to the dependent child requirement (see106 CMR 703.310) .(F) There is no option to exclude from the assistance unit the dependent child and/or any of the siblings or half-siblings of the dependent child living in the same home except as specified in 106 CMR 703.700(C).(G) If the caretaker chooses to be included in the assistance unit, is between 18 and 59 years of age and is not in school, training, or gainfully employed, he or she must register for work with the Division of Career Services (DCS) as a condition of initial and continuing eligibility, and must: (1) actively seek employment;(2) maintain his or her registration with DCS;(3) accept a referral to or offer of suitable employment;(4) report to the Department on the results of any job referral; and(5) provide verification from DCS of his or her attempts to find employment and verification of any other efforts to obtain employment. Verification must be provided by the applicant or client at least once every three months or more frequently as required by the Department. For purposes of 106 CMR 703.700(G), the following shall apply:
(6) To be considered in school, the caretaker must be regularly attending school full-time, a minimum of 20 hours per week;(7) To be considered gainfully employed, the caretaker must be working 30 or more hours per week earning at least the federal or state minimum wage, whichever is less; and(8) To be considered in training, the caretaker must be regularly attending a full-time training program for 80% of the full-time scheduled hours as specified by the training provider.(H) If the caretaker chooses to be included in the assistance unit and the youngest dependent child in the household is 15 years of age or older, the caretaker must meet the TEMP requirements (see106 CMR 703.710) . The Department determines whether the individual who has failed to comply with the requirements of 106 CMR 703.700(G) and (H) has an exemption as specified in 106 CMR 703.720 or has good cause as specified in 106 CMR 701.380: Good Cause Criteria.
Amended by Mass Register Issue 1461, eff. 1/4/2022.Amended by Mass Register Issue 1465, eff. 1/4/2022.