Page 53

Chapter: 1400 Technical Requirements Program: TCA 48

Note: If the eligibility specialist does not question the information/verification provided by the individual regarding the non-custodial parent’s support, the case should not be held pending for a reply from the absent parent. 1420.0711 Exceptions to Contact the Non-Custodial Parent (TCA) A contact will not be made with the non-custodial parent when:

1. Child Support Enforcement (CSE) has an open state collection case; 2. the non-custodial parent is incarcerated in a state or federal institution (when the absent parent is in a county jail, the contact is still required); 3. a good cause exception exists or is pending approval; or 4. prior correspondence was returned by the post office postmarked “moved, left no forwarding address”. 1420.0712 Reasons for Deprivation (TCA) Children and unborn child(ren) must be deprived of the support or care of their mother or father (legal or non-legal natural father). When a pregnant woman is married, the man to whom she is married is presumed to be the legal father of the unborn child.

Deprivation can exist for the following reasons:

1. the mother and legal father live in the home and one or both are incapacitated; 2. a parent is continuously absent from the home due to death, desertion, marital separation, incarceration, or divorce; 3. the natural father is continuously absent from the home (if there is no legal father); or 4. the mother and father (legal or non-legal) live in the home and their income is below the payment standard for the size of their assistance group.

Note: When the non-legal father resides in the home with the child and the mother, and denies that he is the natural father of the child, deprivation is considered to exist until such time paternity is established. 1420.0713 Deprivation Due to Death (TCA) A child is deprived when one or both parents are deceased. The surviving parent or caretaker relative must provide information on the deceased parent’s date and place of death. The individual’s statement is sufficient unless questioned. Whenever possible, the eligibility specialist must secure additional information, such as:

1. death certificate, 2. funeral director’s records, 3. hospital/cemetery records, 4. police records, 5. newspaper notice, 6. Social Security records, or 7. military or VA records.

The possibility of the child being eligible for survivor’s pensions, of any type, must be explored. This information must be recorded at application and each complete eligibility review. 1420.0714 Deprivation Due to Single Parent Adoption (TCA) Deprivation due to the absence of one legal parent from the home is considered to exist in cases in which a single individual adopts a child, regardless of whether the parent later marries, and the spouse becomes the adopted child’s stepparent. For purposes of Child Support Enforcement requirements, there is no non-custodial parent in these cases.