23 Miss. Code. R. 102-8.8

Current through December 10, 2024

Rule 23-102-8.8 - Relationship

A. The responsible adult may be a relative or a non-relative for children eligible under a federal poverty level and CHIP.

B. To meet the requirement of relationship as a parent or caretaker relative, a child must live in the home with a biological, adopted or step parent or one of the following relatives within the specified degree of relationship:

1. Grandfather or grandmother (extends to great, great-great and great-great- great);

a) A grandparent-in-law is within the required degree;

b) The relationship of grandparent-in-law occurs when one of the child's grandparents remarries;

c) For instance, if the child's paternal grandmother dies and his paternal grandfather marries again, this second wife of the child's grandfather becomes the child's grandmother-in-law;

d) A step-grandparent is not within the degree of relationship;

(1) A step-grandparent is the parent of a child's stepmother or stepfather;

2. Brother or sister (including half-brother and half-sister);

3. Uncle or aunt (extends to great and great-great);

4. First cousin, including first cousin once removed (child of a first cousin);

5. Nephew or niece (extends to great and great-great);

6. Stepfather or stepmother; or

7. Stepbrother or stepsister.

C. Relationship extends to the legal spouse of the above listed relatives even after the marriage is terminated by death or divorce.

D. The relationship requirement is met when the child lives with any of the above named relatives.

E. Legal custody is not a factor in determining relationship.

F. Legal adoption terminates all prior relationships except that the biological parent remains a qualified relative to the child for eligibility.

1. A natural or biological parent whose child has returned to the parent's home after being legally adopted by another individual is within the degree of relationship.

2. In such instances the natural parent is not legally responsible for the child and the adoptive parents must be reported as absent parents to the Division of Child Support.

3. Example: The maternal grandmother adopts her grandchild. The biological mother returns to live in the home. The biological mother is not within the degree of relationship because the legal mother (the grandmother) is living in the home.

4. Example: The maternal grandmother adopts her grandchild and the child later returns to live with the biological mother. In this case, the biological mother is within the degree of relationship because the legal mother is not living in the home. The adoptive mother (grandmother) is the absent legal parent for child support purposes.

G. Relationship as a caretaker relative must be verified.

1. While parents may provide the child's birth certificate or other legal documents to prove relationship, another relative will need to provide additional documents to show the relationship to the child's parent and to the child.

23 Miss. Code. R. 102-8.8

42 CFR §§435.601(a) and (b) (Rev. 1993).

Revised to correspond with the ACA (eff. 01/01/2014) eff. 04/01/2014.