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Chapter: 1450 Technical Requirements Program: CIC 20

Once the primary caretaker has been established, the child would be considered temporarily absent during the time period he is with the other parent. 1450.0720.01 Prohibition against Living with Child (CIC) There are three instances involving legal prohibition against living with the child. These are:

1. temporary removal of custody, 2. deportation of a parent from the United States, and 3. resident citizen of a foreign country unable to legally enter the U.S.

1450.0720.02 Temporary Removal of Custody (CIC) Deprivation exists when children are temporarily removed from the custody of their parents. Parental rights may be temporarily terminated when a child is removed by court order from the custody and control of his parents. Such parents continue to have the obligation to support the child and may have visitation rights.

Clearances must be made with the Region or Circuit Program Office in these instances where both parents from whom custody has been removed are no longer continually absent from the home. Documentation as to the date, place, and type of court action must be filed in the case record. Sources of documentation include:

1. current court orders, 2. custody papers, or 3. protective services/child welfare records.

Temporary removal of custody is not the same as permanent severance of parental rights. Severance or termination of parental rights is a legal action by which parental rights are permanently removed and the parents generally do not continue to have the obligation to support the child and visitation rights are denied. 1450.0720.03 Deportation of a Parent (CIC) Deprivation exists when a parent is deported from the United States. Information given by the parent or caretaker relative concerning the date and place of deportation is sufficient verification to establish the fact of deportation. If deportation is questionable, the eligibility specialist may obtain additional information through immigration records. 1450.0720.04 Resident Citizen of a Foreign Country (CIC) Deprivation exists when one or both parents are resident citizens of a foreign country and are unable to legally enter the United States. Information given by the parent or caretaker relative concerning the reasons that the absent parent cannot enter the U.S. is sufficient to establish the factor of deprivation if it is for political or medical reasons, and it is known that current immigration laws prohibit entry into this country for the specific reason given.

When two parents are residing together apart from the child, and one or both parents are unable to legally enter the U.S., deprivation exists. If ability to legally enter is questioned, the eligibility specialist must obtain all pertinent facts and request assistance from USCIS. 1450.0721.01 Other Continued Absences (CIC) Deprivation due to continued absence is considered to exist when: