41-450 CONTINUED ABSENCE OF A PARENT

.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.

LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

HANDBOOK BEGINS HERE

.14 When a question exists regarding continued absence of a parent various factors may be considered such as but not limited to:

.141 Does the parent provide day-to-day care and control of the child?

.142 Do the parents maintain separate homes?

.143 Do the parents have separate mailing addresses?

.144 Do the parents maintain their money separately?

.145 Do the parents have access to each others income or resources?

.146 Is the parent absent due to hospitalization; attendance at school; visiting; vacationing; or moving or trips made in connection with current or prospective employment?

Other similar factors may also be considered. A single factor may not be determinative.

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.2 Circumstances That Meet the Definition of "Continued Absence"

The continued absence of a parent from the home as defined in Section 41-450.1, includes but is not limited to the following circumstances:

.21 The parents are not married to each other and have not maintained a home together.

.22 The parent:

.221 Is not legally able to return to the home because of confinement in a penal or correctional institution, or

.222 Has been deported, or

.223 Has voluntarily left the country because of the threat of, or the knowledge that he or she is subject to deportation.

LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

.23 A parent has filed, or retained legal counsel for the purpose of filing an action for dissolution of marriage, for a judgment of nullity, or for legal separation.

.24 The court has issued an injunction forbidding the parent to visit the custodial parent or child.

.25 The remaining parent has presented a signed, written statement (see .5 below) that the other parent has left the family and that the nature of the absence constitutes continued absence as defined in .1 above.

.26 Both parents are physically out of the home and their whereabouts are not known.

.3 Beginning Date of "Continued Absence"

Deprivation due to "continued absence" exists as of the date that one of the foregoing circumstances occurs, as shown by evidence presented in accordance with Section 41-450.4.

.4 Evidence of "Continued Absence"

.41 The written statement of the applicant or recipient parent may be considered sufficient evidence of "continued absence" of the other parent, unless conflicting information is known to the county or reasonable doubt indicates further evidence is necessary.

.42 If conflicting information is known to the county or reasonable doubt indicates further evidence is necessary, the written statement of the applicant or recipient parent must be supported by at least one of the following:

a. Additional evidence indicating "continued absence", which may include written statements of the absent parent or other persons with prior knowledge of the family relationship; or

b. Evidence of the actions of the applicant or the recipient or the absent parent that clearly indicate not only the physical absence of the other parent but also the continued nature of the absence as defined in Section 41-450.1 above.

NOTE: Authority cited: Sections 10553, 10554, and 10604, Welfare and Institutions Code. Reference: Sections 10553, 10554, and 10604, Welfare and Institutions Code.

LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY

EMERGENCY ASSISTANCE - UNEMPLOYED PARENT PROGRAM

TABLE OF CONTENTS

CHAPTER 41-500 EMERGENCY ASSISTANCE - UNEMPLOYED PARENT PROGRAM

Section

Repealed by Manual Letter No. 90-04, effective 10/1/90 41-500

LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY