Section He-W 756.01 - Households with Shared Custody of Children(a) When a casehead in food stamp household x claims a child as a member of their food stamp household, but the child is currently included as a member in food stamp household y, the casehead of food stamp household x shall provide to the district office supervisor, or designee, one of the following documents: (1) If the child is under the age of 18, a signed statement from the casehead of food stamp household y which states the child resides in food stamp household x; or(2) If the child is at least age 18 but under the age of 22, a signed statement from the child stating the child resides in food stamp household x.(b) The child shall be removed from food stamp household y and placed in food stamp household x within 30 calendar days of the documentation described in (a) above being received by the department.(c) If the documentation described in (a) above cannot be provided, the casehead of food stamp household x shall provide to the district office supervisor, or designee, the following types of documentation, including, but not limited to: (1) Court order in which the dates and information in the order indicate that food stamp household x legally has physical custody of the child more than 50% of the time;(2) Current school records which indicate that the child currently resides in food stamp household x;(3) Current medical records which indicate that the child currently resides in food stamp household x; or(4) Current day care records which indicate that the child currently resides in food stamp household x.(d) The district office supervisor, or designee, shall review the documentation described in (c) above to determine if the documentation verifies that the child resides in household x more than 50% of the time.(e) The child shall be removed from food stamp household y and placed in food stamp household x within 30 calendar days of the district office supervisor, or designee, reaching the determination as described in (d) above.(f) The child shall remain in household y in accordance with 7 CFR 273.3(a) when: (1) Household x fails to provide the documentation described in (a) or (c) above within 10 calendar days of the request to add the child to their household; or(2) The documentation described in (c) above does not prove that the child resides in household x more than 50% of the time.(g) If a court order and all other documentation described in (c) above indicates the child resides in food stamp household x exactly 50% of the time, the casehead of food stamp household x shall provide to the district office supervisor, or designee, the parenting plan of the court order indicating the number of meal time hours the child has resided in food stamp household x for the previous 6 months.(h) Meal time hours as described in (g) above shall be defined as breakfast, lunch, and dinner, as follows: (1) Breakfast time hours shall be the hours between 12:00 a.m. and 10:00 a.m.;(2) Lunch time hours shall be the hours between 10:01 a.m. and 3:00 p.m.; and(3) Dinner time hours shall be the hours between 3:01 p.m. and 11:59 p.m.(i) The child shall be removed from food stamp household y and placed in food stamp household x, within 30 calendar days, when the documentation described in (g) indicates the child resided in food stamp household x more than 50% of meal time hours for the previous 6 months.(j) The child shall remain in household y in accordance with 7 CFR 273.3(a) when: (1) Household x fails to provide the documentation described in (g) above within 10 calendar days of the request to add the child to their household; or(2) The documentation described in (g) above does not prove that the child resided in household x more than 50% of meal time hours for the previous 6 months.N.H. Admin. Code § He-W 756.01
(See Revision Note at chapter heading for He-W 700) #5133, eff 5-2-91; ss by #6507, INTERIM, eff 5-1-97, EXPIRES: 8-29-97; ss by #6549, eff 8-1-97, EXPIRED: 8-1-05
New. #10404, eff 9-3-13
The amended version of this section by New Hampshire Register Number 19, eff. 4/27/2023 is not yet available.