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Chapter: 1400 Technical Requirements Program: TCA 49 1420.0715.01 Continued Absence of One or Both Parents (TCA) A child is considered to be deprived when one or both parents are continuously absent from the home. This occurs when:

1. a parent(s) is(are) anticipated to be absent from the home for at least 30 days duration without interruption; 2. this absence is the result of desertion, separation, divorce, incarceration, or removal of custody due to a court order; or 3. the parents have never resided in the home or may not have assumed parental responsibilities. 1420.0715.02 Reasons for Continued Absence (TCA) There are six general reasons for continued absence:

1. marital separation, 2. incarceration, 3. desertion, 4. divorce, 5. legal prohibition against living with the child, and 6. other. 1420.0716 Marital Separation (TCA) Separation exists when there is a break in the marital ties; however, the non-custodial parent is fulfilling some of his responsibilities for the care, supervision, or support of the child.

If the separation was “planned” and does not break marital ties, deprivation does not exist. Separations for economic stability, education, or employment purposes would be in this category. Information must be obtained from the parent or caretaker relative concerning the circumstances of the separation, such as: the non-custodial parent’s address and the contacts he maintains with the family, the date the separation occurred, and the frequency of contact. Contact with the non- custodial parent must be made to confirm separation information and verify child support. The contact with the non-custodial parent must be recorded. If a contact is not possible, this fact must also be recorded. 1420.0718 Determination of Desertion (TCA) 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 non-custodial 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.