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relative is absent for an entire month or longer, as long as one of the following circumstances is true for the duration of the absence:

(1) the child or the caretaker relative is in a hospital or other public or private institution to receive treatment for a mental or physical illness, but a return to the home of the caretaker relative is expected, and the caretaker relative continues to be responsible for the child;

(2) the child is absent because a court order specifies that the child is to visit a parent who resides away from the child’s customary home, and the following conditions are met:

(A) the caretaker relative maintains a home to which the child will return;

(B) the court’s intention is for the child to return to the caretaker relative’s home at the end of the visit;

(C) the child does not receive ATAP or other TANF program benefits while in the care of the parent with whom the child is visiting; and

(D) the absence does not last longer than three months; or

(3) the child or the caretaker relative is absent because of a need for education or training that is not available in the home community, and the following conditions are met:

(A) the child and caretaker relative intend that the absent student will return to the home of the caretaker relative at least once each year;

(B) the absent student does not receive ATAP or other TANF program benefits in another household;

(C) the absent student intends to return to the home of the caretaker relative at the completion of the absent student’s education or training; and

(D) the caretaker relative maintains a home to which the absent student intends to return. (g) The caretaker relative of a child who is eligible for ATAP benefits may also be eligible for ATAP benefits if the caretaker relative

(1) applies for benefits;

(2) requests to be included in the assistance unit in accordance with 7 AAC 45.335;

(3) meets the eligibility requirements of this chapter and AS 47.27; and

(4) lives with the dependent child. (h) If a child resides with both parents, either parent may be the caretaker relative. (Eff. 8/5/92, Register 123; am 10/1/97, Register 143; am 1/7/2005, Register 173) Statutory Authority: