SR 14-30 Dated 11/14

 

STATE OF NEW HAMPSHIRE

INTER-DEPARTMENT COMMUNICATION

 

FROM OFFICE OF THE DIRECTOR, DFA:

Terry R. Smith

DFA SIGNATURE DATE:

October 29, 2014

AT (OFFICE):

Division of Family Assistance

TO:

District Office Supervisors

 

SUBJECT:

Food Stamp Household Composition for Special Situation Households in Which an Adopted Child Age 18 up to Age 22 Resides With His or Her Birthparent Who Has Relinquished Parental Rights

EFFECTIVE DATE:

November 1, 2014

 

 

SUMMARY

 

This SR releases policy on Food Stamp household composition for special situation households in which an adopted child, age 18 up to age 22, resides with his or her birthparent who has relinquished parental rights instead of his or her adoptive parents. If a child age 18 up to age 22 who has been legally adopted has returned to the household of his or her birthparent, that child is considered a separate Food Stamp household from the household of his or her birthparent when:

 

·      within 10 days of his or her application for Food Stamp benefits, the child provides a statement signed under penalty of perjury that he or she purchases and prepares meals separately from his or her birthparent; and

·      the birthparent has not reestablished legal parental rights over the child.

 

FORMER POLICY

NEW POLICY

Policy was silent on this topic.

An adopted child age 18 up to age 22 who no longer lives with his or her adoptive parents and now lives with his or her birthparent is considered to be a separate Food Stamp household from his or her birthparent when:

·      within 10 days of his or her application for Food Stamp benefits, the child provides a statement signed under penalty of perjury that he or she purchases and prepares meals separately from his or her birthparent; and

·      the birthparent has not reestablished parental rights over the adopted child.

 

POLICY

 

An adopted child age 18 up to age 22 who no longer lives with his or her adoptive parents and now lives with his or her birthparent is considered to be a separate Food Stamp household from his or her birthparent when:

 

·      within 10 days of his or her application for Food Stamp benefits, the child provides a statement signed under penalty of perjury that he or she purchases and prepares meals separately from his or her birthparent; and

·      the birthparent has not reestablished parental rights over the adopted child.

 

Note: An adopted child under age 18 who resides with his or her birthparent instead of his or her adoptive parent(s) must be included in his or her birthparent’s Food Stamp household if the adopted child is under the birthparent’s parental control, per 7 CFR 273.1(b)(1)(iii).

 

PROCEDURES AND IMPLEMENTATION

 

When entering the relationship of the adopted child and birthparent(s) into New HEIGHTS for a situation that meets the criteria described above, do not set the relationship as parent/child because legally the birthparent(s) are not the child’s parent(s). Instead, set the relationship between the adopted child and his or her birthparent(s) as ‘Friend/Non Relative.’

 

POLICY MANUAL REVISIONS

 

Revised Food Stamp Manual Topics

 

Section 211.01  Who Must Be Members

Section 211.07  Food Stamp Household Composition Chart

PART 213  REQUIRED VERIFICATION

 

IMPLEMENTATION

 

The policy released in this SR is effective November 1, 2014.

 

CLIENT NOTIFICATION

 

Notification of the Food Stamp household composition policy for this special situation household was published in the NH Rulemaking Register, Office of Legislative Services, on August 28, 2014. A public hearing on the amended Administrative Rules was held on Thursday, September 18, 2014. No other client notification is planned.

 

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 November 24, 2014. 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:jbv