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Chapter: 1450 Technical Requirements Program: CIC 19

Note: Individuals confined due to "house arrest" are not considered to be incarcerated. In this situation, if both parents reside in the home, the child is not considered deprived due to continued absence.

A partial eligibility review must be scheduled for the anticipated month of release from incarceration. 1450.0717.02 Incarceration Ends (CIC) When the parent who was incarcerated returns to the home, deprivation is evaluated based on incapacity or unemployment/underemployment for two-parent families. The eligibility specialist will ex parte the Medicaid to other Medicaid coverage groups as appropriate. 1450.0718 Determination of Desertion (CIC) Desertion exists when one or both legal parents have completely abandoned all responsibilities for the care, guidance, supervision, and support of a child.

To determine if desertion has occurred, the eligibility specialist must obtain information from the parent or caretaker relative concerning the following:

1. circumstances of the desertion, 2. the absent parent's address, and 3. the contacts that the individual maintains with the family.

Verification of desertion may be obtained through contacts with:

1. family members, 2. friends, and/or 3. school personnel (who can provide address verification of the child and the individual to contact in an emergency situation).

Note: If the caretaker relative of a child indicates that the parents are living together apart from the child, a decision as to whether the child is temporarily absent from the home must be made. If it is determined that the child is temporarily absent from his parent's home, then he is not eligible for IV-E benefits. 1450.0719 Divorce (CIC) Divorce is a legal severance of marital ties. Information must be obtained from the parent or caretaker relative concerning the date and place the divorce was obtained. Divorce information must be recorded at application and each eligibility review. The eligibility specialist should request a copy of the divorce decree if the information is questionable. Examples of questionable circumstances would be:

1. When there are questions as to current ownership of joint marital assets. 2. When there are questions concerning possible income from alimony or child support payments. 3. When there are questions concerning which parent has primary custody of children.

If parents are awarded joint custody of the child and visitation provides for partial residence with each parent, the eligibility specialist must establish one parent as the primary caretaker of the child.

The eligibility specialist must involve both parents in establishing the primary caretaker. The parents must agree on this decision in order for deprivation to exist. If the absent parent is not cooperative, then a verbal statement from the parent is acceptable.