View Document - California Code of Regulations

Home Table of Contents

§ 50374. MFBU Determination--Child Stays Alternately with Each Parent.

22 CA ADC § 50374Barclays Official California Code of Regulations

Barclays California Code of Regulations

Title 22. Social Security

Division 3. Health Care Services

Subdivision 1. California Medical Assistance Program (Refs & Annos)

Chapter 2. Determination of Medi-Cal Eligibility and Share of Cost

Article 8. Responsible Relatives and Unit Determination

22 CCR § 50374

§ 50374. MFBU Determination--Child Stays Alternately with Each Parent.

Currentness

(a) A child, who stays alternately for periods of one month or less with each of his/her parents and the parents are separated or divorced, shall be included in the MFBU of the parent specified in this section. The child shall be included in the MFBU of the parent:

(1) With whom the child stays for the majority of time unless the other parent can establish that he/she has majority responsibility, as defined in (c), or care and control of the child.

(2) Who has majority responsibility, as defined in (c), when the child spends an equal amount of time with each parent.

(3) Who applies for Medi-Cal on behalf of the child, when the child spends an equal amount of time with each parent and each parent exercises an equal share of care and control responsibilities. When both parents apply for Medi-Cal for such a child, the child's MFBU shall be determined in accordance with (b).

(b) A child described in (a) (3) shall be included in the MFBU of the parent who solely meets one of the following conditions in the order specified. The parent who:

(1) Is designated in a current court order as the primary parent for purposes of public assistance, under Civil Code, Section 4600.5(h).

(2) Is eligible for Medi-Cal.

(3) Is designated, through mutual agreement of both parents, as the primary parent for purposes of public assistance.

(4) First applied for Medi-Cal on behalf of the child.

(c) For purposes of this section, when determining which parent has majority responsibility for care of a child, the following factors shall be considered. In addition, other similar factors shall also be considered as a single factor may not be determinative. The determination shall include, the extent to which the parent:

(1) Decides where the child attends school.

(2) Deals with the school on educational decisions and problems.

(3) Controls participation in extracurricular and recreational activities.

(4) Arranges medical and dental care services.

(5) Claims the child as a tax dependent.

(6) Purchases and maintains the child's clothing.

(d) Once the MFBU has been determined with (a), (b) and (c), the child shall remain in that MFBU while staying with the other parent for alternating periods of one month or less. If the child stays with the other parent consecutively for more than one month, then the child shall be included in the MFBU of that parent.

Credits

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.7, 14008 and 14051, Welfare and Institutions Code.