b. Definition of Parent
Because the statute separately lists “parent” in addition to “caretaker relative” in section 1902(xx)(9)(A)(ii)(III) of the Act, we interpret “parent” to mean something different from a “caretaker relative.” Section 1902(xx)(9)(A)(ii)(III) of the Act does not define “parent,” and parenthood is generally governed by State law. Therefore, at new § 435.554(a), we define for purposes of section 1902(xx)(9)(A)(ii)(III) of the Act to mean an individual with the legal status of a mother or father, including by adoption, in accordance with applicable State law, to another individual, which is consistent with common definitions of the term. [ 48 ] Consistent with other groups listed in the exclusion established at section 1902(xx)(9)(A)(ii)(III) of the Act, the parent must provide some level of care to the dependent child or disabled individual for whom they are a parent. For example, an estranged parent without a relationship with their child would not be considered a specified excluded individual under the category of parent. We recognize that many parents who live with and are primarily responsible for their dependent child or adult disabled child will also meet the definition in this regulation of “caretaker relative.” This definition of parent provides for parents who do not meet the definition of “caretaker relative” but who meet this definition of “parent” to be considered a specified excluded individual.