Understanding When a Child is Considered “In Your Care”, § 404.348

Navigating the complexities of childcare and guardianship can be challenging.

One question that often arises is: when is a child considered to be “living with me in my care?” In this blog post, we will explore the criteria that determine when a child is in your care, based on the guidelines provided in § 404.348.

When is a child living with you in your care? A child is considered to be in your care if they have been living with you for at least 30 days, except in the following situations:

1. Active Military Service (§ 404.348(a)): A child who is in active military service does not qualify as being in your care.
2. Age and Disability Considerations (§ 404.348(b)): A child who is 16 years old or older and not disabled is not considered to be in your care.
3. Mental Disability and Supervision (§ 404.348(c)): A child who is 16 years old or older and has a mental disability may be considered in your care if you actively supervise their activities and make important decisions about their needs, either alone or with help from your spouse. If you do not meet these requirements, the child is not considered to be in your care.
4. Physical Disability and Personal Services (§ 404.348(d)): A child who is 16 years old or older and has a physical disability is only considered to be in your care if it is necessary for you to perform personal services for them. Personal services include tasks such as dressing, feeding, and managing money that the child cannot perform alone due to their disability. If you do not need to provide these personal services, the child is not considered to be in your care.

Example: Sarah and Her Niece, Emily

Sarah has been taking care of her 17-year-old niece, Emily, for the past two months. Emily has a physical disability that affects her mobility and requires assistance with daily tasks. Let’s examine if Emily is considered to be “in Sarah’s care” based on the criteria outlined in § 404.348.

1. Active Military Service: Emily is not in active military service, so this criterion does not apply.
2. Age and Disability Considerations: Emily is 17 years old and has a physical disability. According to § 404.348(b), this criterion is met, and we need to further evaluate the situation.
3. Mental Disability and Supervision: Emily does not have a mental disability, so this criterion is not applicable.
4. Physical Disability and Personal Services: Due to her physical disability, Emily needs help with tasks like dressing, feeding, and managing money. Sarah actively provides these personal services to Emily, meeting the requirement in § 404.348(d).

Based on the information above, Emily is considered to be “in Sarah’s care” according to the guidelines provided in § 404.348.

Conclusion: Determining when a child is in your care can be complex, as it depends on various factors such as age, disability, and the level of support you provide. Understanding the guidelines outlined in § 404.348 can help you navigate this important aspect of childcare and guardianship. If you are uncertain about whether a child is considered to be in your care, consult a legal or social services professional for guidance.

https://www.ssa.gov/OP_Home/cfr20/404/404-0348.htm