340:10-10-4. Continued absence of the natural or adoptive parent(s) from the home
(a) Determining absence. Continued absence of the natural or adoptive parent(s) from the home constitutes a reason for deprivation of parental care.
(1) The applicant or recipient must be the primary caretaker of the child(ren) in order to be eligible due to the absence of the other parent.
(2) When both parents exercise responsibility for the child(ren), provide day-to-day care, share maintenance, physical care, and guidance for the child(ren), deprivation does not exist. • 1 When one of these conditions is not met, the child(ren) is deprived of parental care. • 2
(3) The absence of the parent must interrupt or stop the parent's functioning as a provider of maintenance, physical care, or guidance for the child(ren). • 3 The amount of time the parent has been absent is not considered when determining deprivation based on absence.
(3) A child is not considered deprived due to absence when the parent is out of the home due solely to employment, looking for employment, education, or active duty in the United States uniformed services.
(4) A parent(s) who is a convicted offender but is permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home.
(b) Identifying information. A TANF applicant or recipient must provide the name of the person(s) alleged as responsible for the support of a child(ren), including the legal and natural father when they are not the same, and provide identifying information, such as name, address, and the employer of the person(s), when known. The applicant or recipient completes and signs Form 08TA001E, Absent Parent (AP) Information Sheet. • 4
(1) Absence is verified through an evaluation of the information recorded. • 5
(2) When contact information is available, the worker interviews or attempt to interview the absent parent to determine whether deprivation exists and child support is being paid at application and subsequent renewals. • 6
(c) Establishing need. To establish the need for TANF, the worker must determine whether child support is currently paid and, when paid, the amount, how often it is paid, and the method of payment. • 7
(1) Parents have a legal obligation to provide financial support for their child(ren), whether or not they were married to each other. • 8
(2) An unmarried mother is legally the sole parent until paternity is established.
(3) The termination of parental rights does not stop the obligation of either parent to provide financial support for his or her minor child(ren), unless the child(ren) has been subsequently adopted.
(4) An adoptive parent's legal obligation continues even when a child(ren) is returned to the care of the natural parent.
(d) Acknowledgment of paternity. When the worker is able to contact the alleged father, the worker asks whether he is willing to acknowledge paternity. When the alleged father agrees to acknowledge paternity, the worker gives or sends him Form 03PA209E, Acknowledgement of Paternity, to review. The worker advises him to contact Child Support Services at the telephone number on the back of the form if he is willing to sign the form. • 9
(1) When the alleged father lives in the home and acknowledges paternity orally, deprivation does not exist.
(2) When the alleged father in the home denies paternity, but the mother continues to maintain he is the father, deprivation does not exist pending legal establishment of paternity.
1.Deprivation does not exist for a child(ren) when:
(1) a child(ren) lives with each parent for an equal period of time, such as two weeks with one parent and two weeks with the other parent; or
(2) one parent, who does not live in the home, provides maintenance, has daily contact with the child(ren), and shares parental decision-making relating to the health, education, and welfare of the child(ren).
2.Deprivation exists when a child(ren) continuously lives with one parent, visits the other parent on the weekends and during the summer, and the absent parent makes support payments.Deprivation exists because the absent parent does not have daily contact or share physical care and guidance.
3.Maintenance is considered as any assistance designed to meet the expenses of day-to-day living.
4.(a) The worker and client complete and the client signs Form 08TA001E, Absent Parent (AP) Information Sheet, on each absent parent.The worker includes any other information of value in the development of child support in the office use only comments section of the form and documents the information in Family Assistance/Client Services (FACS) case notes.The worker images and files the form in the case record.The worker DOES NOT send Form 08TA001E to Child Support Services (CSS) district office.
(b) When the worker receives additional information that may affect the enforcement of child support, the worker immediately:
(1) updates the Deprivation tab on Family Assistance/Client Services (FACS); and
(2) forwards the information to the appropriate CSS district office.
(c) When the reason for deprivation changes from incapacity or unemployment to absence, the worker follows procedures in (a) of this Instruction.
5.Acceptable evidence includes, but is not limited to:
(1) an absent parent address;
(2) a landlord's statement;
(3) an absent parent statement; or
(4) an interview with a collateral source.
6.When the absent parent's:
(1) telephone number is known, the worker attempts to call the absent parent; and
(2) address is known, the worker completes and mails Form 08AD008E, Non-Custodial Parent Letter, to the absent parent.
7.The worker verifies payments made to:
(1) CSS by viewing the child support payment screen using the transaction CFRRPA.To view the instructions to the CFRRPA transaction, enter M space CFRRPA; or
(2) the custodial parent by receipt of a written statement or completed Form 08AD008E signed by the absent parent.
8.When the parents are divorced or legally separated, the worker images and files any legal documents in the case record and sends a copy to CSS.