TANF Fictive Kin Chart 11-18

Home , Stepfather, Stepmother

TANF Fictive Kin Chart 11-18 STATE FICTIVE KIN included in DEFINITION OF RELATIVE FOR TANF DEFINITION OF RELATIVE FOR TANF Alabama - AL Yes - but in time of The child must be living in the home of a blood relative (whole blood or half-blood) "crisis" only and for 90 within a prescribed degree of relationship as provided for in departmental operating days only manuals. Blood relatives with alleged status may serve where a preponderance of evidence indicates that they are natural relatives. …In time of crisis or emergency, a nonrelative may be payee of the grant for a period not to exceed 90 days. Ala. Admin. Code r. 660-2-2-.20 Alaska - AK No The following families may apply under the Alaska temporary assistance program: (1) a single parent who has the physical custody of one or more related dependent children; (2) a caretaker of one or more dependent children who is a relative to at least the fifth degree; (3) a woman in the last trimester of pregnancy; (4) a two-parent family with physical custody of one or more related dependent children. Alaska Stat. Ann. § 47.27.010 (West) Arizona - AZ No To qualify for CA, a dependent child shall reside with at least one of the following specified relatives: 1. A parent; 2. A stepmother, stepfather, stepbrother, or stepsister; 3. A person who is within the fifth degree of kinship to the dependent child, including: grandmother, grandfather, brother, sister, uncle, aunt, first cousin, nephew, niece, persons of preceding generations as denoted by prefixes “grand,” “great,” or “great- great,” great-great-great grandparents, and first cousins once removed; 4. A spouse of any person named in the above groups, even if the marriage has been terminated by death; 5. A legal permanent guardian who is appointed pursuant to A.R.S. § 8-872; or 6. An unrelated adult only when the child is in the legal custody of the Department and placed in a foster home or with the unrelated adult. Ariz. Admin. Code § R6-12-309 Arkansas - AR No The child must be living with a relative who is in one of the following degrees of relationship to the child: 1. A blood or adoptive relative who is within the fifth degree of kinship. Such relatives by degree of kinship are as follows: 1st degree - Parent. 2nd degree -Grandparent, sibling. 3rd degree - Great-grandparent, uncle, aunt, nephew, niece. 4th degree - Great-great-grandparent, great-uncle, great-aunt, first cousin. 5th degree - Great-great-great-grandparent, great-great-uncle, great-great-aunt, first cousin once removed (i.e., the child of one's first cousin). Half-relationships will be considered the same as full relationships. 2. Step-father, step-mother, step-brother, step-sister.3. Spouses of any persons named in the above groups. Such relatives may be considered within the scope of this provision though the marriage is terminated by death or divorce. Ark. Admin. Code 208.00.1-2211

© grandfamilies.org TANF Fictive Kin Chart 11-18 California - CA No Needy relatives under this chapter include only natural or adoptive parents, the spouse of a natural or adoptive parent, and other needy caretaker relatives. Cal. Welf. & Inst. Code § 11203 (West) Colorado - CO Yes “Specified caretaker” means: (a) A person who exercises responsibility for a dependent child and who is: (I) A relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child; or (II) Appointed by the court to be the guardian or the legal custodian of the dependent child; or (b) A person who exercises responsibility for a dependent child within the person's home if there is no person described in paragraph (a) of this subsection. Colo. Rev. Stat. Ann. § 26-2-703 (18.3) (this went into effect 1/1/11) Connecticut - CT Yes - but only for legal A caretaker relative shall be related to the child or children by blood, marriage or guardians adoption or shall be the legal guardian of such a child or pursuing legal proceedings necessary to achieve guardianship. Conn. Gen. Stat. Ann. § 17b-112 (West)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Delaware - DE Yes, people acting in Specified relative is defined as: • Any relative by blood, marriage, or adoption who is loco parentis and within the fifth degree of kinship to the dependent child. The degree of relationship is as guardians and adults follows: a parent (1st degree), grandparent (2nd degree), sibling (2nd degree), great- who have received grandparent (3rd degree), uncle or aunt (3rd degree), nephew or niece (3rd degree), children through great-great-grandparent (4th degree), great-uncle or aunt (4th degree), first cousin (4th Division of Family degree), great-great-great-grandparent (5th degree), great-great uncle or aunt (5th Services degree), or a first cousin once removed (5th degree). • Any other persons named in the above groups whose relationship to one of the child's parents is established by legal adoption; • The spouse of any person named in the above groups even though the marriage terminated by death or divorce; • A party to a civil union of any person named in the above groups even if the civil union terminated by death or dissolution. For the purposes of the TANF program a guardian is defined as: • An adult providing an appropriate supportive living arrangement who has been appointed as guardian of the child(ren) in his/her care by an authorized court, or • an adult who has received the consent and approval to exercise the day-to-day care, custody, and control of the child(ren) in his/her care by the Delaware Division of Family Services or any agency or court licensed or authorized to place children in a nonrelated home. A custodian or an adult acting in loco parentis (“in the place of a parent”) is defined as: An adult who provides an appropriate supportive living arrangement for the child(ren) in his/her care, and who has: • intentionally taken over the duties of a parent and is responsible for exercising the day-to-day care, custody, and control of the child(ren), • accepted the legal responsibility of caring for the child, • been referred to the Delaware Division of Family Services for purposes of determining suitability of the adult to act in loco parentis and the dependency of the child(ren). Code Del. Regs. 5100 3004

District of ColumbNo “Caretaker relative” means a relative by blood, half-blood, or legal adoption caring for a dependent child, who is a child's parent, or, if a parent is not in the home exercising responsibility for the care and control of the dependent child, the child's sibling; aunt; uncle; first cousin; first cousin once removed; second cousin; nephew; niece; grandparent; step-parent; step-sibling; relative of a preceding generation as denoted by prefixes of grand-, great-, great-great-, or great-great-great-; or the spouse of a parent or other relative listed in this paragraph, even after the marriage is terminated by death or divorce. D.C. Code § 4-201.01 (1C)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Florida - FL No “Relative caretaker” or “caretaker relative” means an adult who has assumed the primary responsibility of caring for a child and who is related to the child by blood or marriage. Fla. Stat. Ann. § 414.0252 (11) Georgia - GA No “Family” means one or more children living with a responsible parent, both parents, or other caretaker relative or legal guardian. Ga. Code Ann. § 49-4-181 (6). The applicant or recipient and the child or children live in a place of residence maintained by the applicant's or recipient's parent, legal guardian, or other adult relative of the applicant or recipient as such parent's, legal guardian's, or other adult relative's own home; or the applicant lives in a foster home, maternity home, or other supportive living arrangement supervised by an adult. Ga. Code Ann. § 49-4-184 (7)(A). For GA, “relative” not defined. Hawaii - HI Yes - for "Hanai" Persons considered to be specified relatives shall include: (1) Father, mother, hanai father, hanai mother, brother, sister, half-brother, half-sister, uncle, aunt, uncle half- blood, aunt half-blood, great uncle, great aunt, great uncle half-blood, great aunt half- blood, grandfather, grandmother, great grandfather, great grandmother, first cousin, first cousin once removed, nephew or niece, great-great grandmother, great-great grandfather, great-great-great grandmother, great-great-great grandfather, great-great aunt, great-great uncle, great-great aunt half blood, great-great uncle half blood; (2) Stepfather, stepmother, stepbrother, and stepsister; (3) The adoptive parents of a legally adopted child as well as other natural or legally adopted children and relatives of the adoptive parents; and (4) The legally married spouse of any of the persons specified in this subsection even after the marriage has ended in death or divorce. Haw. Code R. § 17- 656.1-7 (Weil) “Hanai” means a child who is taken permanently to be reared, educated, and loved by someone other than the child's natural parents at the time of the child's birth or in early childhood. The child is given outright, and the natural parents renounce all claims to the child. Haw. Code R. § 17-656.1-2 (Weil).

© grandfamilies.org TANF Fictive Kin Chart 11-18 Idaho - ID No 04. Caretaker Relative. An adult specified relative other than parents who have an eligible related child residing with them and who are responsible for the child's care. Only one (1) child in the family must be related to one (1) of the following specified relatives: brother, sister, aunt/great aunt, uncle/great uncle, grandparent/great grandparent, nephew, niece, cousin, any one (1) of these relationships by half-blood, a step-sibling, or a spouse of a relative by marriage, even if the marriage has ended. (3-29- 17) Idaho Admin. Code r. 16.03.08.010. 01. Relatives. Adult specified relatives other than parents who have an eligible related child residing with them and who are responsible for the child's care. Only one (1) child in the family must be related to one (1) of the following specified relatives: a child's natural, adoptive, or step-parents; a child's natural, adoptive, or step-grandparents; a child's natural, adoptive, or half-or step-siblings; and a current or former spouse of a qualified relative listed above. Idaho Admin. Code r. 16.03.08.126; Idado Admin. Code r. 16.03.01.010. Illinois - IL No (a) The child or children must (1) be living with his or their father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or aunt, or other relative approved by the Illinois Department, in a place of residence maintained by one or more of such relatives as his or their own home, or (2) have been (a) removed from the home of the parents or other relatives by judicial order under the Juvenile Court Act or the Juvenile Court Act of 1987, as amended, (b) placed under the guardianship of the Department of Children and Family Services, and (c) under such guardianship, placed in a foster family home, group home or child care institution licensed pursuant to the “Child Care Act of 1969”, approved May 15, 1969, as amended, or approved by that Department as meeting standards established for licensing under that Act, or (3) have been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child so placed in foster care who was not receiving aid under this Article in or for the month in which the court proceedings leading to that placement were initiated may qualify only if he lived in the home of his parents or other relatives at the time the proceedings were initiated, or within 6 months prior to the month of initiation, and would have received aid in and for that month if application had been made therefor. IL ST CH 305 § 5/4-1.2(a) Indiana - IN No the child's relative, including: (A) the child's mother, father, stepmother, stepfather, grandmother, or grandfather; or (B) a relative not listed in clause (A) who has custody of the child. Ind. Code Ann. § 12-14-1-1 (2). “Caretaker relative” means the specified individual relative who is exercising care and control over the eligible dependent child or children. 470 Ind. Admin. Code 10.3-1-1(g)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Iowa - IA No Specified relationship. a. A child may be considered as meeting the requirement of living with a specified relative if the child's home is with one of the following or with a spouse of the relative even though the marriage is terminated by death or divorce: Father-- adoptive father. Mother--adoptive mother. Grandfather--grandfather-in-law, meaning the subsequent husband of the child's natural grandmother, i.e., stepgrandfather-- adoptive grandfather. Grandmother--grandmother-in-law, meaning the subsequent wife of the child's natural grandfather, i.e., stepgrandmother--adoptive grandmother. Great- grandfather--great-great-grandfather. Great-grandmother--great-great-grandmother. Stepfather, but not his parents. Stepmother, but not her parents. Brother--brother-of- half-blood--stepbrother--brother-in-law--adoptive brother. Sister--sister-of-half-blood-- stepsister--sister-in-law--adoptive sister. Uncle--aunt, of whole or half blood. Uncle-in- law--aunt-in-law. Great uncle--great-great-uncle. Great aunt--great-great-aunt. First cousins--nephews--nieces. Second cousins, meaning the son or daughter of one's parent's first cousin. b. A relative of the putative father can qualify as a specified relative if the putative father has acknowledged paternity by the type of written evidence on which a prudent person would rely. Iowa Admin. Code r. 441-41.22(239B) Kansas - KS Yes - only for For the family group to be eligible for TAF, the eligible child or children shall be residing guardians or legal with one or more of these individuals: (1) Any blood relative who is within the fifth custodians degree of kinship to the child, including any of the following relatives: (A) Parents; (B) siblings; (C) nephews; (D) nieces; (E) aunts; (F) uncles; and (G) persons of preceding generations who may be denoted by prefixes of grand, great, great-great, or great-great- great; (2) a stepfather, stepmother, stepbrother, or stepsister; (3) a legally adoptive parent or parents or another relative or relatives of adoptive parents as noted in paragraphs (1) or (2) above; (4) a guardian or conservator or a legal custodian when based on an approved social service plan; or (5) a spouse of any of those persons named in the above groups or a former spouse of any of those persons if marriage is terminated by death or divorce. Kan. Admin. Regs. § 30-4-70. (For child-only, must be blood "relative" too.) Kentucky - KY No Recipient means an individual receiving K-TAP including a specified relative or a specified relative receiving on behalf of a child. Living with a Specified Relative-A needy child shall be living in the home of a relative as follows: (a) A blood relative, including a relative of the half-blood; (b) a person listed in paragraph (a) of this subsection if the alleged father has had relationship established through the administration determination process pursuant to Section 12 of this administration regulation; (c) an adoptive parent, the natural and other legally adopted child and other relative of the adoptive parent; or (d) a relative by marriage, even if the marriage may have terminated, if termination occurred after the birth of the child. 921 Ky. Admin. Regs. 2:006 © grandfamilies.org TANF Fictive Kin Chart 11-18 Louisiana - LA No The child is living with his father, mother, stepfather, stepmother, or other relative, within the fifth degree, in a place of residence maintained by one or more of such relatives as his or their own home. For the purposes of this Subpart, all such persons shall be deemed as relatives, whether their relationship to the dependent child was acquired by adoption, marriage, or birth, and neither divorce nor death shall terminate such relationship. La. Rev. Stat. Ann. § 46:231(12)(b) Maine - ME No Only "specified relatives," people with the following relationships to the child, may apply for and receive assistance on behalf of the child: (A) biological, legal, adoptive, and step- fathers, mothers, siblings, and half siblings; (B) biological grandparents, great and great- great grandparents, uncles, great and great-great uncles, aunts, great and great-great aunts, first cousins, first cousins once removed, and nephews and nieces; (C) adoptive grandparents, uncle or aunt for an adopted parent's child; (D) the spouses of any persons in the above groups, except (B), even if the marriage has been terminated by death or divorce; (E) minor parent . . . . Exceptions to THE GENERAL RULE: Under some circumstances, a family can receive TANF benefits even if the child is not currently in the home. ME ADC 10-144 Ch. 331, § Ch. II, § V Maryland - MD No “Caretaker relative” means a parent or other individual related by blood, marriage, or adoption living with and caring for a minor child. Md. Code Regs. 07.03.03.02 (b)(10) “Custodial relative” means an adult or minor biological or adoptive mother or father, stepmother or stepfather, or other caretaker relative who lives with a related minor child or pregnant woman. Md. Code Regs. 07.03.03.02 (b)(13) A family may be eligible for assistance under this subtitle only if the family includes: (i) a minor child who resides with a custodial parent or other adult caretaker who is a relative of the child; or (ii) a pregnant individual. MD HUMAN SERV § 5-308 Massachusetts - MNo “Parent”, shall include, in addition to the father and mother of the dependent child, the following: -- stepfather, stepmother, stepbrother, stepsister; any blood relative, including those of the half blood, except cousins who are more distantly related than first cousins; adoptive relative of equal propinquity to the foregoing; and spouses of any such persons. Mass. Gen. Laws Ann. ch. 118, § 1

© grandfamilies.org TANF Fictive Kin Chart 11-18 Michigan - MI Yes - if DHS has placed A person other than a legal parent or stepparent may be a caretaker only when the the child with fictive dependent child has no legal parent or stepparent in the home. A caretaker in the child’s kin. Also for legal home, other than a parent or stepparent must be one of the following: 1. A relative who guardians or those is at least age 18 and legally related to the child by blood, marriage or adoption, as any of seeking guardianship the following: • Grandparent (including great or great-great). • Aunt or uncle (including great or great-great). • Sibling. • Stepsibling. • Nephew or niece. • First cousin or first cousin once removed. • The spouse of any of the above, even after the marriage is ended by death or divorce. • The parent of the child's putative (alleged) father. Note: When a court order has terminated parental rights, the parent and child are no longer legally related. However, the child’s relationship to other relatives is not affected. 2. The child’s legal guardian(s).3. An adult(s) who is at least age 21 and whose petition for legal guardianship of the child is pending. 4. An adult, having none of the qualifying relationships above, with whom DHS children’s services has placed a child, subsequent to a court order identifying DHS as responsible for the child’s care and supervision. This relationship is known as unrelated caregiver, formerly fictive kin. Occasionally, a child is included in a FIP Eligibility determination group (EDG) when there is not a qualifying relationship to the caretaker due to mandatory EDG member policy. BRIDGES ELIGIBILITY MANUAL STATE OF MICHIGAN, DEPARTMENT OF HUMAN SERVICES, BPB 2017-008 (pages 7 and 8) Minnesota - MN No “Caregiver” means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. For purposes of determining eligibility for this program, caregiver also means any of the following individuals, if adults, who live with and provide care and support to a minor child when the minor child's birth or adoptive parent or parents or stepparents do not reside in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister, half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once removed, nephew, niece, person of preceding generation as denoted by prefixes of “great,” “great-great,” or “great-great- great,” or a spouse of any person named in the above groups even after the marriage ends by death or divorce. Minn. Stat. Ann. § 256J.08 (11)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Mississippi - MS No “Caretaker relative” means a person who is providing care to a child qualified for and receiving assistance and who is the child's father, mother, grandfather, grandmother, brother, sister, uncle, aunt or any blood relative, including those of half-blood, and including first cousins or first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by the prefix of grand, great, or great-great, including great-great-great-grandparents, stepfather, stepmother, stepbrother and stepsister, persons who legally adopt a child or his parent, as well as the natural and other legally adopted children of such persons, and spouses of any persons named in the above groups. For the purposes of this chapter, all such relatives shall qualify as such whether the relationship be acquired by birth or adoption, and neither divorce nor death shall terminate any such relationship.Miss. Code. Ann. § 43-17-3 (d) Missouri - MO No (4) The relative with whom a dependent child shall be living in order to be eligible for Aid to Dependent Children (ADC) assistance as set forth in section 208.040, RSMo shall be construed to include, in addition to the relatives specifically named in the act: stepfather or stepmother (but not their parents); adoptive father or adoptive mother; grandfather or grandmother-in-law (meaning the spouse of a second marriage of one the child's natural grandparents); great-grandfather or great-grandmother; brother or sister of half blood; adoptive brother or adoptive sister; brother-in-law or sister-in-law; uncle or aunt of the half blood; uncle-in-law or aunt-in-law; great-uncle or great-aunt (including great- great-uncle or great-great-aunt); and other relatives by adoption, in addition to those specifically mentioned here, may be considered eligible payees within the same degree of relationship as apply to blood relatives. The natural relatives of an adopted child also continue to be eligible payees. As provided in section 208.043, RSMo, a legal guardian of a child also may serve as a payee for ADC and if the legal guardian is other-wise eligible may be eligible for a cash payment. Mo. Code Regs. Ann. tit. 13, § 40-2.060 (4)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Montana - MT No “Specified caretaker relative” means a person within a degree of kinship to the dependent child, as specified by department rule, who lives with the child and exercises care and control over the child. Mont. Code Ann. § 53-4-201(11). “Specified caretaker relative” means a person related to the minor child within the fifth degree of kinship by blood, marriage, or adoption who lives with the child. (a) The caretaker relative must be the child's parent, grandparent, great grandparent, great-great grandparent, great-great-great grandparent, sibling, uncle, aunt, great uncle, great aunt, great-great uncle, great-great aunt, first cousin, first cousin once removed, nephew, niece, or step relative of the same degree of relationship; for example, stepparent, step grandparent, or step sibling, or half-brother or half-sister. The spouse of any person named in the immediately preceding sentence will be considered a caretaker relative, even after the marriage is terminated by death or divorce. Mont. Admin. R. 37.78.103(44). To be eligible for TANF Cash Assistance a child for whom application is made must be living with an adult related to the child by blood, marriage, or adoption who is within the fifth degree of kinship to the child as set forth in ARM 37.78.103. The child and adult relative must live together in a place of residence maintained as their home. Mont. Admin. R. 37.78.207(1) “Caretaker relative” means a specified caretaker relative. Mont. Admin. R. 37.78.103(5). Nebraska - NE No Individuals With Whom the Child May Live: If the child is living with a relative, the relative must be a father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, second cousin, nephew, or niece. These relatives may be half blood, related by adoption, or from a preceding generation as denoted by prefixes of grand, great, great-great, or great-great-great. A child may also live with the spouse of any persons previously named even after the marriage has been terminated by death or divorce. The case record must contain verification and documentation of the relationship. Verification includes items such as a marriage license, birth record, and written statements for collateral contacts.The child may also live with a legally appointed guardian or conservator. 468 Neb. Admin. Code § 2- 006

© grandfamilies.org TANF Fictive Kin Chart 11-18 Nevada - NV No The child(ren) must be living with the individual applying for assistance on their behalf that provides care and supervision and is the child's (not all inclusive: Father, mother, sister, brother, grandfather, grandmother; Uncle, aunt, nephew, niece, first cousin; OR Stepfather, stepmother, stepsister, stepbrother). (Website at https://dwss.nv.gov/#DWSSchildren). (5) As used in this section, unless the context otherwise requires, "qualifying relative" means a person specified in 45 C.F.R. § 233.90. (A) A child may be considered to meet the requirement of living with one of the relatives specified in the Act if his home is with a parent or person in one of the following groups: (1) Any blood relative, including those of half-blood, and including first cousins, nephews, or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great. (2) Stepfather, stepmother, stepbrother, and stepsister. (3) Person who legally adopt a child or his parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law. (4) Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce. 45 C.F.R. § 233.90(c)(v)(A). New Hampshire - No “Caretaker relative” means a specified relative, other than a parent, who provides care and parental control to a dependent child. N.H. Rev. Stat. Ann. § 167:78 (III). “Specified relative” means a father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece (including relatives of half-blood, relatives of preceding generations as denoted by the prefixes of grand, great, or great-great, adoptive parents and their relatives to the same degree as blood relatives, and spouses of the above relatives even after the marriage is terminated by death or divorce) who provides care and parental control to a dependent child. N.H. Rev. Stat. Ann. § 167:78 (XXIII). New Jersey - NJ No "Parent-person” refers to an adult individual related through blood, marriage or adoption to a child who, in the absence of a natural or adoptive parent, assumes parental responsibility for that child. N.J. Admin. Code 10:90-15.1

© grandfamilies.org TANF Fictive Kin Chart 11-18 New Mexico - NMNo (1) To be eligible for inclusion in the NMW cash assistance benefit group, the dependent child must live with a parent or a specified relative acting as the head of household. N.M. Admin. Code § 8.102.400.15. A. NMW requirement: (1) The following relatives are within the fifth degree of relationship to the dependent child: (a) father (biological or adoptive); (b) mother (biological or adoptive); (c) grandfather, great grandfather, great- great grandfather, great-great-great grandfather; (d) grandmother, great-grandmother, great-great-grandmother, great-great-great grandmother; (e) spouse of child's parent (stepparent); (f) spouse of child's grandparent, great grandparent, great-great grandparent, great-great-great grandparent (step-grandparent); (g) brother, half- brother, brother-in-law, stepbrother; (h) sister, half-sister, sister-in-law, stepsister; (i) uncle of the whole or half-blood, uncle-in-law, great uncle, great-great uncle; (j) aunt of the whole or half blood, aunt-in-law, great aunt, great-great aunt; (k) first cousin and spouse of first cousin; (l) son or daughter of first cousin (first cousin once removed); (m) son or daughter of great aunt or great uncle (first cousin once removed) and spouse; (n) nephew/niece and spouses. (2) A second cousin is a child of a first cousin once removed or child of a child of a great aunt or uncle and is not within the fifth degree of relationship. (3) GA is not provided to dependent children where a NMW application has been made and verification of relationship is pending. (4) Below is the table of relationship based on the Uniform Probate Practice Code. The relationships shown with an “X” are not within the fifth degree of relationship. N.M. Admin. Code § 8.102.400.16

© grandfamilies.org TANF Fictive Kin Chart 11-18 New York - NY No In order to receive family assistance, a family must include a minor child who resides with a custodial parent or other adult caretaker relative of the child related to the child by blood, marriage or adoption, or a pregnant individual. The term custodial parent or other adult caretaker relative shall include the following: (1) the child's father, mother, brother, sister, grandfather, great-grandfather, great-great-grandfather, grandmother, great-grandmother, great-great-grandmother, uncle, great-uncle, great-great-uncle, aunt, great-aunt, great-great-aunt, of whole or half blood; (2) the child's first cousin, nephew and niece, of whole or half blood; (3) the child's stepfather, stepmother, stepbrother, stepsister, but no other steprelative; (4) in the case of a child who has been surrendered to an authorized agency or who has been adopted: (i) any of the blood or steprelatives included in the preceding paragraphs of this subdivision; and (ii) the child's adoptive parents and: (a) the other children of the adoptive parents and the children of such children; (b) the parents, grandparents and great-grandparents of the adoptive parents; (c) the brothers and sisters of the adoptive parents and the children of such brothers and sisters; and (d) the aunts, uncles, great-aunts and great-uncles of adoptive parents; (5) the spouse of any person described in the preceding paragraphs of this subdivision, even though the marriage may have been terminated by death, divorce or annulment; and (6) in the case of a child born out of wedlock, any relative in the maternal line included in the preceding paragraphs of this subdivision and, if paternity has been adjudicated or acknowledged in writing, any relative in the maternal and paternal lines included in the preceding paragraphs of this subdivision. N.Y. Comp. Codes R. & Regs. tit. 18, § 369.1(b) North Carolina - NNo “Family” means a unit consisting of a minor child or children and one or more of their biological parents, adoptive parents, stepparents, or grandparents living together. For purposes of the Work First Program, family also includes a blood or half-blood relative or adoptive relative limited to brother, sister, great-grandparent, great-great-grandparent, uncle, aunt, great-uncle, great-aunt, great-great-uncle, great-great-aunt, nephew, niece, first cousin, stepbrother, and stepsister. N.C. Gen. Stat. Ann. § 108A-24 (3c).

© grandfamilies.org TANF Fictive Kin Chart 11-18 North Dakota - NDNo 15. “Eligible caretaker relative” means a caretaker relative who: a. If, related to an eligible dependent child as a brother or sister, is not under sixteen years of age; b. If deprivation of parental support or care is by reason of the incapacity or disability of a parent, is the incapacitated or disabled parent or the eligible dependent child's other parent, but not stepparent; c. If deprivation of parental support or care is by reason of the death or continued absence of a parent, is the eligible dependent child's other parent, but not stepparent; d. Is not a recipient of supplemental security income benefits; and e. Is in financial need; f. Is a pregnant woman, in the third trimester of her pregnancy, caretaker relative to no other dependent or legally responsible caretaker child, who or whose husband is incapacitated; or g. Is related to a dependent child by birth, whether by whole or half-blood, by marriage, or by adoption, and who is within the fifth degree of relationship to that child. N.D. Admin. Code 75-02-01.2-01(15) Ohio - OH No “Specified relative” means the following individuals who are age eighteen or older: (1) The following individuals related by blood or adoption: (a) Grandparents, including grandparents with the prefix “ great,” “great-great,” or “great-great-great”; (b) Siblings; (c) Aunts, uncles, nephews, and nieces, including such relatives with the prefix “great,” “great-great,” “grand,” or “great-grand”; (d) First cousins and first cousins once removed. (2) Stepparents and stepsiblings; (3) Spouses and former spouses of individuals named in division (K)(1) or (2) of this section. Ohio Rev. Code Ann. § 5107.02 (K)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Oklahoma - OK No (a) Specified degree of relationship. To be eligible to receive Temporary Assistance for Needy Families (TANF), in addition to other qualifications, a child must be living with a person having a specified degree of relationship in a place of residence maintained by one or more of such relatives as his or her own home. An otherwise eligible person is not denied assistance solely because the home is not a fixed address or does not have a mailing address. An individual is recognized as meeting the specified degree of relationship if the individual is related within the fifth degree of kinship. It is only when the child is living with a person of one of these degrees of relationship that there is an eligible payee for the TANF benefit. (1) Related by blood. Blood lines remain intact in terms of legal responsibility except when parental rights are terminated or the child is legally adopted by someone else. Blood relatives, including half blood, are: (A) parent(s) including a natural parent even if the child is legally adopted and deprivation is based on the absence of the adoptive parent(s); (B) siblings; (C) grandparent(s) including those denoted by prefixes of great, great-great, and great-great-great; (D) aunt(s) and uncle(s) including those denoted by the prefixes of great and great-great; (E) niece(s) and nephew(s) including those denoted by prefixes of grand and great-grand; and (F) first cousin(s) and first cousin(s) once removed. (2) Related by marriage. Use kinship as denoted under (1) of this Section, whether the marriage is common-law or ceremonial. Included are step-relations. Kinship by marriage is included even after the marriage is terminated by death or divorce. (3) Related by adoption. Use kinship as denoted under (1) and (2) of this subsection. Okla. Admin. Code 340:10-9-1 Oregon - OR No (13) “Caretaker” means an individual who is responsible for the care, control, and supervision of a child (see section (16) of this rule). The status of “caretaker” ends once the individual no longer exercises care, control, and supervision of the child for 30 days. (14) “Caretaker relative” means a caretaker (see section 13 of this rule) who meets the requirements of one of the following subsections: (a) Is one of the following relatives of the dependent child (see section (23) of this rule): (A) Any blood relative, including those of half-blood, and including first cousins, nephews, or nieces, and individuals of preceding generations as denoted by prefixes of grand, great, or great-great. (B) Stepfather, stepmother, stepbrother, and stepsister. (C) An individual who legally adopts the child and any individual related to the individual adopting the child, either naturally or through adoption. (b) Is or was a spouse (see section (64) of this rule) of an individual listed in subsection (a) of this section. (c) Met the definition of “caretaker relative” under subsection (a) or (b) of this section before the child was adopted (notwithstanding the subsequent adoption of the child). OAR 461-001-0000(13)-(14); see also OAR 461-135- 0070.

© grandfamilies.org TANF Fictive Kin Chart 11-18 Pennsylvania - PANo - but eligible for Is related to the child as follows:(A) A blood relative who is within the fifth degree of another state program kinship to the dependent child, including a first cousin once removed. Second cousins called General and more remote cousins are not within the fifth degree of kinship. A first cousin once Assistance removed is the child of one's first cousin or the first cousin of one's parent. The fifth degree of kinship includes great-great grandparents and great-great-great grandparents. The fifth degree of kinship also includes other relationships prefixed by great, great- great, grand or great-grand. Blood relatives include those of half-blood.(B) A parent by legal adoption and any of the adopting parent's blood or adoptive relatives as described in clause (A). (C) Stepfather, stepmother, stepbrother and stepsister.(D) A spouse of a person named in this subparagraph, even though the marriage is terminated by death, separation or divorce. 55 Pa. Code § 151.42(iii).If the applicant is an unemancipated minor as set forth in § 145.63 (relating to requirements) who is not eligible for TANF only because of not living with a specified relative, the applicant may qualify for GA (General Assistance – another program). 55 Pa. Code § 141.21 Rhode Island - RI No If a child was eligible for TANF funding before coming into care, a relative caretaker who is a blood relation may choose to continue to receive TANF payments and medical assistance for the child under TANF guidelines. In addition, such a relative may be eligible to receive TANF and medical assistance for themselves if they meet the income guidelines established through the RI Department of Human Services. (It should be noted that all kinship placements must be licensed, regardless of their choice of funding.) RI ADC 14-1-900.0025(F)(2). South Carolina - SNo Relationship. A child may be considered to meet the requirement of living with a specified relative if his or her home is with a parent or a person in one of the following groups: (1) Any blood relative, including those of half-blood, and including first cousins, first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by prefixes of grand, great, or great-great. (2) Stepfather, stepmother, stepbrother, and stepsister. (3) Persons who legally adopt a child or his parent as well as the natural and other legally adopted children of such persons, and other relatives of the adoptive parents in accordance with State law. (4) Spouses of any persons named in the above groups even after the marriage is terminated by death or divorce. S.C. Code Ann. Regs. 114-1130(A)

© grandfamilies.org TANF Fictive Kin Chart 11-18 South Dakota - SDNo “Caretaker relative,” a parent or relative with one of the specific degrees of relationship found in § 67:10:01:06 who lives in the home and has the actual care and control of the child. S.D. Admin. R. 67:10:01:01(4). Except for an emergency payment made under § 67:10:07:13, there must be a specific degree of relationship between a child and the parent or relative with whom the child is living in order for the child to be eligible for assistance. Acceptable degrees of relationship are as follows: (1) Father, mother, brother, sister, uncle, aunt, first cousin, nephew, or niece, including those of half blood; a relative of the preceding generation denoted by the prefixes of grand, great, or great- great; first cousin once removed; and great-great-great grandparent; (2) A person who achieves the degree of relationship specified in subdivision (1) of this section by the process of legal adoption; (3) Spouses of any of the relatives specified in subdivisions (1) or (2) of this section, even though the marriage is terminated by death or divorce; and (4) Any of the individuals listed in subdivisions (1), (2), or (3) of this section who have a step relationship with the child, even though the marriage is terminated by death or divorce. S.D. Admin. R. 67:10:01:06 Tennessee No “Caretaker relative” means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living; Tenn. Code Ann. § 71-3-103 TX Texas - No (a) In this chapter, the term “dependent child” applies to a child . . . who is living in the home residence of his or her father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece. Tex. Hum. Res. Code Ann. § 31.002(a)(5)

© grandfamilies.org TANF Fictive Kin Chart 11-18 Utah - UT Yes, but only if refugee/Specified relatives include: (a) grandparents; (b) brothers and sisters; (c) stepbrothers and stepsisters; (d) aunts and uncles; (e) first cousins; (f) first cousins once removed; (g) nephews and nieces; (h) people of prior generations as designated by the prefix grand, great, great-great, or great-great-great; (i) brothers and sisters by legal adoption; (j) the spouse of any person listed above; (k) the former spouse of any person listed above; (l) individuals who can prove they met one of the above mentioned relationships via a blood relationship even though the legal relationship has been terminated; (m) former stepparents; (n) a Native American adult who has a Native American child placed in, or living in that adult's home, and both the child and the adult are members of, or eligible for membership in, a federally recognized tribe; and (o) an adult of the same ethnicity, culture, country of origin, religion, language and/or nationality as the refugee/asylee child in his or her care. Utah Admin. Code r. R986-200 (7)(1) Vermont - VT Yes “Caretaker” means an individual age 18 or older who is fulfilling a parental role in caring for a dependent child by providing physical care, guidance, and decision-making related to the child's health, school, medical care, and discipline. Vt. Stat. Ann. tit. 33, § 1001(6). “Relative” means a person related to a dependent child, as defined by the department by rule. Vt. Stat. Ann. tit. 33, § 1001(21). Financial assistance shall be given for the benefit of a dependent child to the relative or caretaker with whom the child is living unless otherwise provided. Vt. Stat. Ann. tit. 33, § 1103(a). Virginia - VA No The relative with whom the child is living who is designated as the caretaker must be a relative by blood, marriage, or adoption. 22 Va. Admin. Code § 40-295-20

© grandfamilies.org TANF Fictive Kin Chart 11-18 Washington - WA Yes You can get temporary assistance for needy families (TANF) or state family assistance (SFA) for a child you live with if you are responsible for the care and control of the child and you are the child's: (a) Parent or other relative as defined in WAC 388-454-0010; (b) Court-ordered guardian or court-ordered custodian; or (c) Other adult acting in loco parentis (in the place of a parent). Wash. Admin. Code 388-454-0005(1). We consider the following people as parents for TANF and SFA: . . . (3) When a child lives with a relative, the relative must be one of the following relationships to the child in order for that child to be eligible for TANF or SFA: (a) The following blood relatives (including relatives of half blood) or their spouses: Siblings, first cousins (including first cousins once removed), nephews and nieces, and persons of earlier generations (including aunts, uncles and grandparents) as shown by the prefixes of great, great-great, or great-great- great; (b) A natural parent whose parental rights were terminated by a court order; (c) A stepparent who no longer has to support the child because: (i) The child's natural or adoptive parent died; or (ii) Divorce or dissolution ended the marriage between the stepparent and the child's natural or adoptive parent.(d) A step sibling even if the marriage between the step sibling's parent and the child's natural or adoptive parent ended by death, divorce or dissolution. Wash. Admin. Code 388-454-0010(1)-(3). West Virginia - W No (a) “At-risk family” means a group of persons living in the same household, living below the federally designated poverty level, lacking the resources to become self-supporting and consisting of a dependent minor child or children living with a parent, stepparent or caretaker-relative; an “at-risk family” may include an unmarried minor parent and his or her dependent child or children who live in an adult-supervised setting; (b) “Beneficiary” or “participant” means any parent, work eligible individuals or caretaker-relative in an at- risk family who receives cash assistance for himself or herself and family members; (c) “Caretaker-relative” means grandparents or other nonparental caretakers not included in the assistance group or receiving cash assistance directly; W. Va. Code Ann. § 9-9-3

© grandfamilies.org TANF Fictive Kin Chart 11-18 Wisconsin - WI Yes, but only legal a blood relative, including those of half-blood, and including first cousins, nephews or custodians or nieces and persons of preceding generations as denoted by prefixes of grand, great or guardians great-great; a stepfather, stepmother, stepbrother or stepsister; a person who legally adopts the child or is the adoptive parent of the child's parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child's or their own home, or living in a residence maintained by one or ... “Aid to families with dependent children” also includes payments made to another individual not a relative enumerated under par. (a), pursuant to federal regulations, if: a. The individual has been appointed by a court of competent jurisdiction as a legal representative of the dependent child; or Wis. Stat. Ann. § 49.19 (West) Wyoming - WY Maybe “Relative” - (i) Any blood relative, including those of half-blood, first cousins, nephews and nieces and persons of preceding generations denoted by prefixes of “grand” and “great” are included in this definition. (ii) Stepmother, stepfather, stepbrother and stepsister. (iii) Adoptive or natural parents and their adopted or natural children. (iv) Siblings or half-siblings, including those related through adoption. (v) Spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce. Wyo. Admin. Code FAMS PO Ch. 1 § 2. Any individual not a relative of the dependent child but interested in or concerned with the welfare of the child and his eligible caretaker may subject to qualifications prescribed by rule and regulation of the department, receive a protective payment on behalf of the dependent child which shall not count toward the caretaker's five (5) year limit for benefits under W.S. 42-2-103(e)(i) unless the nonrelative caretaker is included in the calculation of the performance payment of the dependent child. Wyo. Stat. Ann. § 42-2-104.