New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 102 - CASH ASSISTANCE PROGRAMS › Part 400 - RECIPIENT POLICIES - DEFINING THE ASSISTANCE GROUP › Section 8.102.400.12 - SPECIAL MEMBERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Minor
				unmarried parents:
(1) A minor unmarried
				parent and child who live with the minor unmarried parent's parent or other
				adults shall be included as dependent children in the larger NMW benefit group
				if there is one. A minor unmarried parent and child living with parent(s) may
				constitute a benefit group in their own right if the minor parent is the
				primary caretaker for the child and the parent(s) are not receiving NMW. The
				minor parent's parent shall be the applicant and payee for the
				benefit.
(2) Limitations regarding
				minor unmarried parents:
(a) Living
				arrangements: An unmarried minor parent and the dependent child in her care
				must reside in the household of a parent, legal guardian, or other adult
				relative unless:
(i) the child is living in a
				second-chance home, maternity home, or other appropriate adult-supervised
				supportive living arrangement which takes into account the needs and concerns
				of the minor unmarried parent;
(ii)
				the minor parent has no living parent or legal guardian whose whereabouts is
				known, and there are no other appropriate adult-supervised supportive living
				arrangements available;
(iii) no
				living parent or legal guardian of the minor parent allows the minor parent to
				live in the minor parent's home and there are no other appropriate
				adult-supervised supportive living arrangements available;
(iv) the minor unmarried parent is or has
				been subjected to serious physical or emotional harm, sexual abuse, or
				exploitation in the home of the parent, legal guardian or other adult relative
				and there are no other appropriate adult-supervised supportive living
				arrangements available;
(v) there
				is substantial evidence of an act or failure to act that presents an imminent
				or serious harm to the minor unmarried parent or the child of the minor
				unmarried parent if they live in the same residence with the parent legal
				guardian or other appropriate adult and there are no other appropriate
				adult-supervised supportive living arrangements available; if a minor parent
				makes allegations supporting the conclusion that the physical or emotional
				health or safety of the minor unmarried parent or the dependent child(ren) will
				be jeopardized, the caseworker shall file any documentation regarding this
				allegation in the case record and grant the exemption; acceptable documentation
				will include written reports and statements from the children, youth, and
				families department, other social service agencies, and police reports; if no
				written documentation exists, the caseworker should summarize the client's
				statement in a memo to the ISD director or designee and a determination shall
				be made.
(vi) the HCA determines
				there is otherwise good cause for the minor parent and dependent child to
				receive assistance while living apart from the minor parent's parent, legal
				guardian, or other adult relative, or an adult-supervised supportive living
				arrangement; an adult-supervised supportive living arrangement is defined as a
				private family setting or other living arrangement (not including a public
				institution), which is maintained as a family setting, as evidenced by the
				assumption of responsibility for the care and control of the minor parent and
				dependent child or the provision of supportive services, such as counseling,
				guidance, or supervision; for example, foster homes and maternity home are
				adult-supervised supportive living arrangements.
(b) Notification: Minor applicants shall be
				informed about the eligibility requirements and their rights and obligations
				under this manual section. Minor applicants shall be advised of the possible
				exemptions and specifically asked whether one or more of these exemptions
				applies in their situation.
(c)
				Payment: If the minor parent lives with an adult receiving NMW, the minor
				parent and child shall be included in that NMW benefit group. If the minor
				parent and the minor parent's dependent child do not live with an adult who is
				receiving NMW, payment is made to the supervising adult in the form of a
				protective payment.