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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations DEPRIVATION OF PARENTAL SUPPORT OR CARE 41-450 (Cont.)

41-450 CONTINUED ABSENCE OF A PARENT 41-450

.1 Definition of "Continued Absence"

.11 "Continued Absence" exists when the natural parent is physically absent from the home, and the nature of the absence results in an interruption or termination of the parent's functioning as a provider of maintenance, physical care, or guidance for the child, regardless of the reason for the absence or the length of time the parent has been absent, and the known or indefinite duration of the absence precludes counting on the parent's performance in planning for the present support or care of the child.

If such an interruption or termination of performance of parental responsibilities exists, "continued absence" shall be considered to exist for purposes of eligibility for AFDC even if the parent remains in contact with the child through regular or frequent visitation. Regular or frequent visits with the child by a parent who is physically absent from the home shall not, in and of itself, prevent a determination that "continued absence" exists. "Continued absence" shall be considered to exist when the child lives with each parent for alternating periods of time.

"Continued absence" shall also be considered to exist when a parent who is a convicted offender is permitted to live at home while serving a court imposed sentence by performing unpaid public work or unpaid community service during the workday. This parent may be eligible to receive AFDC. (See Sections 44-203.213, 82-828.2, and 80-301(a)(5).

.12 "Continued Absence" does not exist when one parent is physically absent from the home on a temporary basis (see Section 82-812). Examples are visits, trips or temporary assignments undertaken in connection with current or prospective employment.

.13 "Continued Absence" does not exist when a parent is absent for the sole reason of performing active duty in the uniformed services of the United States.

.131 Uniformed services of the United States means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration and the Public Health Service of the United States.

.132 When an individual provides appropriate evidence (see Section 41-450.4) to establish that continued absence would exist irrespective of the parent's performance of active duty in the uniformed service of the United States, continued absence shall be considered to exist.

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-98-03 Effective 7/1/98

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