3-4 Minors Living Apart from Parents

PURPOSE

1. To provide financial assistance to minors who have been determined as being unable to reside with their own parents.

PRINCIPLE

2. Minors are expected to remain with parents unless the home is unsafe or where the relationship between parent and child has deteriorated to the point that both agree to live separately.

3. A child's education, training or development should not be interrupted prematurely because of death of parents, irreconcilable differences with one or both parents, or other circumstances that may force parents and child to live apart.

POLICY

4. Assistance may be paid on behalf of minors living apart from their parents if it is determined that the parental home is unavailable or unsuitable for the applicant’s care, training and development (s. 9(2) of the Social Assistance Regulations). It is not intended that the reference to "unsuitable" should exclude circumstances where the minor and parent are forced to live apart due to circumstances beyond their control (e.g. death or institutionalized parents).

5. Such payments shall be made to a qualified agent, who is usually the adult with whom the minor resides.

6. Where the worker believes that the minor may be a child in need of protection, a referral to Child Protection Services must be made. With eligible youth, case planning should include referrals to other appropriate services.

7. An agreement confirming the educational/care plan must be signed by the child (where appropriate) and the agent. The parent should be encouraged to participate in the plan to the greatest extent possible.

8. The worker shall determine with the parents the extent of financial support they are capable of providing towards the child's care. If it appears that the parents have or may have the means to contribute to the support of their child but either or both are unwilling to do so, a referral on the appropriate form should be made to the Legal Aid Program to obtain child support for the benefit of the child.

PROCEDURE

9. The worker shall complete "Agreement of Trustee” (ISM documents) forms.

10. The agent for the youth should apply for the Child Tax Benefit, unless it would not be financially beneficial for the agent. In this situation, the Department may apply for the Child Tax Benefit and add the special allowance to the client’s file. This is the same allowance used for children-in-care.

11. All financial assistance shall be provided from the appropriate Social Assistance budget, consistent with Social Assistance rates.

12. Adult benefit rates shall be applied to minors living apart from their parents (e.g. FCHP, Room and Board).

13. Income derived from employment by minors living apart who are attending an educational program on a full-time basis shall be exempted for the purpose of calculating eligibility. This exemption applies only to earned income and does not apply to pension income, etc.

14. The income of minors living apart from parents who attain the age of majority while still attending an educational program, on a full-time basis, will be exempted for a period of up to four years.