SR 13-27 Dated 09/13

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

DFA SIGNATURE DATE:	September 3, 2013
FROM:	OFFICE OF THE DIRECTOR, DFA JSO for Terry R. Smith
AT (OFFICE):	Division of Family Assistance
TO:	District Office Supervisors
SUBJECT:	Food Stamp Policy for Shared Child Custody Cases
EFFECTIVE DATE:	September 3, 2013

SUMMARY

This SR releases Food Stamp policy for shared child custody cases when two households share custody of a child, and both households request Food Stamp benefits for that child:

� the household who requested Food Stamp benefits for the child first will continue to include the child in their Food Stamp household unless all of the following occur:

- the child's circumstances change and the child now primarily resides in the second household;

- the second household requests Food Stamp benefits for the child; and

- the second household provides verification that the child primarily resides in the second household.

� under special circumstances, when the above process is followed and it is determined that shared custody of the child is an exact 50/50 split between the two households, the household who was determined to provide more meals to the child over the past six months will include the child in their Food Stamp household.

According to 7 CFR 273.3 an individual can only be included in one Food Stamp household per month. However, federal regulations do not indicate within whose Food Stamp household a child must be included when both parents are Food Stamp applicants or recipients in separate households. This SR is to be considered the final interpretation of this policy, and rescinds the following Director's Memos released on this topic:

� the Director's Memo dated January 21, 2011, and titled 50/50 Custody Arrangement; and

� the Director's Memo dated September 4, 2012, subject line 50/50 Custody Arrangement.

The policy released in this SR does not apply to any other program other than Food Stamps.

Shared Custody

When two households share custody of a child, and both households request Food Stamp benefits for that child, the household who requested Food Stamp benefits for the child first will continue to include the child in their Food Stamp household.

The household to request Food Stamp benefits for the child first is the first household in which the child is included as a Food Stamp applicant or recipient. Throughout the explanation of this policy, this household will be known as the "current household." The household which requests Food Stamp benefits for the child after the child has already been included as a member of the current household will be known as the "second household".

The child remains in the current household, unless all of the following occur:

� the child's circumstances change and the child now primarily resides in the second household;

� the second household requests Food Stamp benefits for the child; and

� the second household provides verification that the child primarily resides in the second household.

The second household verifies that the child primarily resides in the second household by providing:

� a statement from the current household indicating the child resides in the second household; or

� if the statement cannot be obtained, sufficient evidence that the child resides in the second household the majority of the time.

Special Circumstances for 50/50 Splits

If after the shared custody policy is applied, as described above, and an exact 50/50 custody split between the two households has been determined, the household who was determined to provide more meals to the child over the past six months will include the child in their Food Stamp household. Due to the variations in the number of days in a month, six months is standardized to a 26 week period when applying this policy.

When both households provide verification that indicates the child resides in each household exactly 50% of the time, and a court order has been provided indicating there is a 50/50 custody split between the two households, the second household must provide the parenting plan included in the court order, which outlines the times in which each parent has custody of the child.

The parenting plan is used to determine which household had custody of the child for more meals over the past six months. Each parent is credited with providing meals if they have custody of the child for the majority of mealtime hours according to the parenting plan.

POLICY

Shared Custody

The household to request Food Stamp benefits for the child first is the first household in which the child is included as a Food Stamp applicant or recipient, as of the effective date of this SR. Throughout the explanation of this policy, this household will be known as the "current household." The household which requests Food Stamp benefits for the child after the child has already been included as a member of the current household will be known as the "second household".

The child remains in the current household, unless all of the following occur:

� the child's circumstances change and the child now primarily resides in the second household;

� the second household requests Food Stamp benefits for the child; and

� the second household provides verification that the child primarily resides in the second household.

The child is removed from the current household and placed in the second household within 30 calendar days when the second household provides a statement:

� indicating the child resides in the second household; and

� that is signed by:

- the casehead of the current household; or

- the child, if that child is at least age 18.

NOTE: The following policy should only be applied when the second household indicates:

� the current household will not sign a statement regardless of whether the child primarily resides in the second household; or

� the second household is uncertain as to whose household the child is currently included.

When the second household indicates a statement signed by the current household cannot be obtained, the second household may provide sufficient evidence that the child primarily resides in the second household. Sufficient evidence can be any verification that reasonably proves the child resides in the second household the majority of the time, including but not limited to:

� current day care records;

� current school records;

� current medical records; and

� court orders.

NOTE: Court orders should not be the sole basis for this determination. Many times court orders are not followed after they are established. If a court order is provided, it is important that the second household also provide other verification to prove the child resides in the second household the majority of the time.

The District Office Supervisor, or an individual designated by the District Office Supervisor, reviews the verification described above to determine if the documents provided do, in fact, reasonably prove the child resides in the second household the majority of the time.

When the verification provided by the second household is determined to reasonably prove that the child resides in the second household the majority of the time, the District Office must:

� notify the current household that if they do not take any action, the child will be removed from their household and their Food Stamp benefits may decrease, per the guidance provided under Step Two under the District Office Implementation section below; and

� provide the current household 10 days to send in verification that reasonably proves that the child resides in the current household the majority of the time.

The child is removed from the current household and placed in the second household within 30 days when the current household:

� does not provide verification within 10 days of notification; or

� provides verification that does not reasonably prove the child resides in the current household the majority of the time.

The child remains in the current household when:

� the verification provided by the second household is determined to not reasonably prove that the child resides in the second household the majority of the time;

� the second household fails to provide verification within 10 days; or

� both Food Stamp households provide verification that reasonably proves the child resides in their Food Stamp household the majority of the time.

Special Circumstances for 50/50 Splits

The following policy should only be applied in the most extreme circumstances when:

� a court order indicates there is a 50/50 custody split between the two households; and

� the District Office Supervisor, or an individual designated by the District Office Supervisor, has applied the Shared Custody policy and determined there is an exact 50/50 custody split between the two households.

When two households have an exact 50/50 custody split, the child will be included in the household who provided more meals to the child over the past six months. Due to the variations in the number of days in a month, six months is standardized to a 26 week period when applying this policy.

Each household receives credit for providing meals when that household has custody of the child during the majority of the mealtime hours, as defined below:

� Breakfast time hours are the hours between 12:00 am and 10:00 am;

� Lunch time hours are the hours between 10:01 am and 3:00 pm; and

� Dinner time hours are the hours between 3:01 pm and 11:59 pm.

Custody of the child during mealtime hours is determined using the parenting plan in the court order. The parenting plan indicates when each household has custody of the child. The hours each parent has custody of the child is compared to the hours laid out above. The parent who has custody of the child for the majority of the mealtime receives credit for that meal. The parent who receives credit for more meals over a 26-week period is considered to have provided more meals to the child over the past 6 months. It is the responsibility of the second household to provide the parenting plan.

When the parenting plan indicates which household drops the child off at school, the household who drops the child off at school receives credit for the mealtime hours the child spends at school.

The District Office has 30 calendar days to remove the child from the current household and place the child in the second household from the date the District Office determines that the parenting plan indicates the second household provided more meals to the child over the past six months.

The child remains in the current household when:

� the second household fails to provide the parenting plan within 10 days;

� the District Office determines that the parenting plan indicates the current household provided more meals to the child over the past six months; or

� the District Office determines that the parenting plan indicates both households provide the same number of meals to the child over the past six months.

DISTRICT OFFICE IMPLEMENTATION

The policy released in this SR is intended to be implemented in the following three-step process beginning when a household requests Food Stamps for a child who is a currently being included as a Food Stamp applicant or recipient in another household:

1. Request the second household provide a statement signed by the current household indicating the child resides in the second household;

2. If a statement cannot be obtained, the second household may provide verification that indicates the child resides in the second household the majority of the time; then

3. If all verification indicates an exact 50/50 custody split between the two households, the household who provided more meals over the past six months is eligible to include the child in their Food Stamp household.

The second household has the opportunity to withdraw the request to add the child to the second household either verbally or in writing:

� upon indication that the child for which they have requested Food Stamp benefits is currently being included in another household; or

� at any point during the explanation of the requirements to add the child to into their household.

Step One

Upon the second household's initial request for Food Stamp benefits for a child who is currently included as a Food Stamp applicant or recipient in another household, the Family Services Specialist (FSS) must indicate to the second household:

� the child is currently receiving Food Stamps in another household;

� federal regulations dictate that a person cannot receive Food Stamps in more than one household;

� due to confidentiality requirements the second household cannot be told whose Food Stamp household the child is currently receiving Food Stamps; and

� if the second household knows whose Food Stamp household the child is currently being included, the second household may provided a statement signed by the current household within 10 days indicating the child now resides in the second household.

Rules dictate that the District Office has 30 days to remove the child from the current household and place the child in the second household from the date the statement is provided. However, the FSS must act on this statement within the same 10-day timeframe that FSS are required to act on other verification received in the District Office. Acting on this statement within a 10-day timeframe will avoid any benefit issuance problems when the child is moved to the second household after the Food Stamp benefit pull down date.

Move to step two when the second household indicates obtaining a statement from the current household is not possible due to:

� the current household's unwillingness to sign a statement regardless of whether the child resides in the second household the majority of the time; or

� the second household's uncertainty as to whose household is currently receiving Food Stamps benefits for the child.

Step Two

The FSS must request any verification that reasonably proves the child resides in the second household the majority of the time. This verification must be provided by the second household within 10 days. FSS can accept any verification the second household wishes to provide to prove the child resides in the second household. Some examples of verification the second household may provide are:

� current day care records;

� current school records;

� current medical records; and

� court orders.

Upon receipt of the verification described above, the FSS must notify the District Office Supervisor, or an individual designated by the District Office Supervisor, that a determination must be made as to whether the verification provided reasonably proves the child resides in the second household the majority of the time.

The child will continue to be included in the current household when:

� the verification provided by the second household is determined to not reasonably prove the child resides in the second household the majority of the time; or

� the second household fails to provide verification within 10 days.

The FSS must contact the current household in writing when the verification provided by the second household is determined to reasonably prove the child resides in the second household the majority of the time. The written notice must indicate:

� a second household is claiming that a child who is included in the current household resides in the second household the majority of the time;

� the full name of the child in question;

� the current household has 10 days to provide verification that the child in question resides in the current household the majority of the time;

� if the current household does not provide verification that reasonably proves the child resides in the current household the majority of the time, the child will be removed from the current household and placed in the second household;

� the current household's Food Stamp benefits might decrease; and

� the household's other benefits will not be impacted.

FSS may use the following suggested text in this notification:

Your household is getting Food Stamp benefits for (insert full name of child). Someone else is claming that (insert full name of child) lives with him or her most of the time. To continue to get Food Stamp benefits for (insert full name of child) you must give us proof that (insert full name of child) lives in your household most of the time. You can give us any proof you wish that (insert full name of child) lives in your household. Some types of proof are: current day care records, current school records, current medical records, and court orders. If you do not give us proof within 10 days of the date on this notice, (insert full name of child) will be taken out of your Food Stamp household and your Food Stamp benefits might go down. Your other benefits will not change.

Upon receipt of the verification provided by the current household, the FSS must notify the District Office Supervisor, or an individual designated by the District Office Supervisor, that a determination must be made as to whether the verification provided reasonably proves the child resides in the current household the majority of the time.

The child will continue to receive Food Stamps in the current household when the verification provided by the current household is determined to reasonably prove the child resides in the current household the majority of the time.

The FSS must remove the child from the current household and place the child in the second household when:

� verification provided by the current household is determined to not reasonably prove the child resides in the current household the majority of the time, or

� the current household fails to provide verification within 10 days.

Rules dictate that the District Office has 30 days to remove the child from the current household and place the child in the second household from the date the District Office Supervisor, or an individual designated by the District Office Supervisor, determines the child resides in the second household the majority of the time. However, actions should be taken within a 10-day timeframe to avoid any benefit issuance problems when the child is moved to the second household after the Food Stamp benefit pull down date.

Move to step three when:

� a court order indicates there is a 50/50 custody split between the two Food Stamp households; and

Step Three

The FSS must request the parenting plan be provided from the second household if the parenting plan has not already been provided with the 50/50 custody court order. The second household must provide this parenting plan within 10 days from the request. The District Office Supervisor, or an individual designated by the District Office Supervisor, reviews the parenting plan to determine which household provided more meals over the past six months.

An excel worksheet was created to help staff determine which household receives credit for more meals. The excel worksheet begins on Monday and provides meal slots for breakfast, lunch, and dinner for both Food Stamp households over the course of the standardized 26 week period. Using the parenting plan, the District Office Supervisor, or an individual designated by the District Office Supervisor:

� compares the hours each parent has custody of the child to the mealtime hours defined as follows:

- Breakfast time hours are the hours between 12:00 am and 10:00 am;

- Lunch time hours are the hours between 10:01 am and 3:00 pm; and

- Dinner time hours are the hours between 3:01 pm and 11:59 pm.

� enters a "1" in the corresponding meal slot on the excel spreadsheet for every meal a Food Stamp household has custody of the child for the majority of the mealtime defined above; and

� compares the final number of meals to determine which Food Stamp household provided more meals over the past six months.

The child will continue to receive Food Stamps in the current household when the District Office Supervisor, or an individual designated by the District Office Supervisor determines the current household provided:

� more meals to the child over the past six months; or

� the same amount of meals to the child as the second household over the past six months.

The FSS must remove the child from the current household and place the child in the second household when the District Office Supervisor, or an individual designated by the District Office Supervisor determines the second household provided more meals to the child over the past six months.

Rules dictate that the District Office has 30 days to remove the child from the current household and place the child in the second household from the date the District Office Supervisor, or an individual designated by the District Office Supervisor, determines the child received more meals in the second Food Stamp household. However, actions should be taken within a 10-day timeframe to avoid any benefit issuance problems when the child is moved to the second household after the Food Stamp benefit pull down date.

NOTE: Removing the child from the current household will not impact any other benefits that child is receiving in that household.

POLICY MANUAL REVISIONS

Revised Food Stamp Manual Topics

PART 155 ADDITION OF AN INDIVIDUAL

Section 211.13 Shared Child Custody Situations

IMPLEMENTATION

The policy released in this SR is effective upon release.

CLIENT NOTIFICATION

Notification of the changes to He-W 756.01 to support the policy to require sufficient documentation before an individual under the age of 22 can be transferred into a different Food Stamp household, was published in the NH Rulemaking Register, Office of Legislative Services, on February 21, 2013. A public hearing on the amended Administrative Rules was held on March 14, 2013.

TRAINING

No special training is planned or needed.

DISPOSITION

This SR may be destroyed or deleted after its contents have been noted and the revised manual topics released by this SR have been posted to the On-line manuals.

DISTRIBUTION

This SR will be distributed according to the electronic distribution list for Division of Family Assistance policy releases. This SR, and revised On-Line Manuals, will be available for agency staff in the On-Line Manual Library, and for public access on the Internet at www.dhhs.nh.gov/DFA/publications.htm, effective September 30, 2013. Additionally, this SR, and printed pages with posting instructions, will be distributed under separate cover to all internal hard copy holders of the Food Stamp Manual

DFA/LRB:s