Eligibility of MFG Child

The MFG child is considered eligible for and a recipient of aid, including special needs.

  • The mandatory inclusion rules apply to the MFG child. If a parent is receiving aid for siblings and/or half-siblings of the MFG child then all required information about the potential MFG child must be provided and if eligible, the MFG child is added to the AU. (MAP is not increased to include the needs of the MFG child.) The MFG child’s parent must cooperate in all facets of that child’s eligibility, including but not limited to: securing a Social Security Number, cooperating with the LCSA, turning in any direct child support to DCSS or the SDU, applying for any unconditionally available income, etc.
  • Since this child is considered a public assistance recipient, the MFG child receives cash-based Medi-Cal, and if the family receives CalFresh as a CE household, they will continue to be CE.
  • The MFG child is included in the MBSAC AU size when the Applicant Gross Income Test is completed.
  • The needs of the MFG child are not considered when determining the Recipient Net Income Test.
  • Resources of the MFG child are counted to the AU.
  • Income of the MFG child is counted to the AU.
  • Payments to the AU which are derived from MAP do not include the MFG child.

MFG Exempt Income

Any child support money received for the MFG child is exempt from consideration as income.

Kerher v. Saenz: The following payments are exempt from consideration as income in the eligibility and grant computation for cases subject to the MFG rule:

  • Child support payments from the absent parent (AP) for the MFG child, whether paid directly to the MFG child, the custodial parent, SDU or the DCSS.
  • Derivative benefits from Social Security such as survivors, disability, retirement, or other government programs based on the absent parent’s disability or retirement, and paid to or on behalf of the MFG child. These payments are considered child support for MFG purposes.

However, should the child support funds be placed into a savings account, these monies then become personal property and are counted towards the AU’s property limit.

MFG Continues to Apply

Once the MFG rules are applied to a newborn child, the MFG rules continue to apply until the AU has not received CalWORKs for 24 consecutive months.

Example Example An AU consists of a mother and two children. One child was born after the AU received CalWORKs for ten continuous months and was not included in the MAP level. CalWORKs benefits were discontinued November 30, 2003. On January 3, 2005, the AU again applies for CalWORKs. The MFG rule is still applied to the MFG child, as there was not a 24-month break-in-aid.

Example Example An AU consists of a mother, father and three children. One child was born after the AU had received CalWORKs for ten continuous months and was not included in the MAP level. CalWORKs benefits were discontinued effective November 30, 2001. On January 16, 2004, the AU again applies for CalWORKs. The MFG rule is no longer applicable as the family has been off cash aid (AFDC/CalWORKs) for 24 consecutive months. The MAP level must include all AU members.

Example Example A mother receives CalWORKs for herself and two children, both of whom are MFG children. The MAP level (payment level) is for one - the mother. The case is discontinued January 31, 2004. The mother reapplies on March 17, 2004. When the Applicant Gross Income Test is determined, the needs of the mother and both children are considered. When the Recipient Net Income Test and the grant computation are made, only the needs of the mother are considered. If the AU has no income, the AU receives the CalWORKs payment for one.

Child Support Provisions

Rule

Any child support collected for an MFG child must be passed on directly to the family. The parent must cooperate in all aspects of the child support enforcement process, including, but not limited to:

  • Providing information about the absent parent,
  • Cooperating with the LCSA, and
  • Turning in any direct child support received for the MFG child to the DCSS or SDU. (Once these monies are received by SDU, the funds will be returned to the caretaker.)

Note: A parent will be penalized/sanctioned for failing to cooperate in the child support process for an MFG child.

When referring the MFG child’s absent parent to the LCSA, the referral must clearly indicate that this is an MFG child. The EW must enter in the comments section of the form, "Name of Child" is an MFG child. This will notify the DCSS that any support payments received for that child must be sent to the caretaker.

Related Topics

MFG - Counting of Months

MFG - Informing Requirements

MFG - Exceptions

Eligibility of MFG Child

Effect of MFG Rule on Minor Parents