Kansas Department of Health & Environment

Kansas Family Medical Assistance

Manual (KFMAM)

Eligibility Policy - 12/9/2022

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2067 Special Case Situations -

2067.01 Legal vs. Biological (Alleged) Father - In situations where the mother is currently or was married to a different person at the time she was pregnant or during the child's birth, this establishes a legal father contrary to claims that the real (biological) father is in the home. When these circumstances are identified, both the mother and alleged father may volunteer for referral to CSS. CSS will be able to do a more in-depth analysis of the circumstances at the time of the child's birth and advise the clients of legal aspects of the situation. If CSS responds that a voluntary order is obtained, the Eligibility Staff will process the case considering paternity established with the father in the home. However, in most instances CSS's response may be that a legal father exists and a voluntary order is not possible. When this occurs, the alleged father is to be treated as a nonrelative to the child in question and the case is to be processed in that manner. In such instances, the Non-custodial page should list the legal father as the absent parent. A penalty is applicable if she fails to cooperate with any CSS requirements following case approval.

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