Section 468-2-006 - REQUIRED LIVING ARRANGEMENTTo be eligible to receive Aid to Dependent Children, a dependent child must be living in the home of a specified relative, conservator, or guardian, unless removed from that home by judicial determination (see, Title 479).
006.01DEFINITION OF A HOME. A home is defined as the family setting maintained or in the process of being established by the specified relative, guardian or conservator who is standing the place of the parent, as shown by the assumption and continued acceptance of responsibility for the child. Usually the dependent child shares the same household with the specified relative, guardian or conservator. A home exists, however, as long as the specified relative, guardian or conservator exercises responsibility for the care and control of the dependent child, even though circumstances may require the temporary absence of either from the customary family setting.006.02ABSENCE BECAUSE OF SCHOOLING. If school facilities which meet the needs of the particular child are not available in the community, the child's absence from home for the purpose of attending school does not affect eligibility.006.03TEMPORARY ABSENCE FROM THE HOME. A child is still considered part of the household while he or she is out of the home for a visit not to exceed three months. A child is still considered part of the original household while he or she is on summer visitation.006.04TEMPORARY ABSENCE DUE TO EMERGENCY SITUATIONS. In emergency situations that deprive the child of a specified relative's, guardian's, or conservator's care, temporary plans may be made to care for the child in the home of an individual or institution acting in the place of the specified relative, guardian, or conservator. The unit may continue to receive assistance for the period of the emergency or the time actually required to make new arrangements for care, but the assistance must not continue beyond 180 days unless the child is out of the home due to his or her hospitalization.006.05ABSENCE DUE TO INCARCERATION. If an Aid to Dependent Children unit no longer contains a specified relative, guardian, or conservator due to their incarceration, the Aid to Dependent Children case is closed for the next possible month. The incarcerated individual is ineligible to be included in the Aid to Dependent Children unit or be a payee for an Aid to Dependent Children unit.468 Neb. Admin. Code, ch. 2, § 006
Amended effective 1/9/2017.Amended effective 8/29/2022