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Chapter: 1400 Technical Requirements Program: TCA 50 If it is determined that the child is temporarily absent from his parent’s home, then he is not eligible to be included in the requestor’s TCA assistance group. 1420.0719 Divorce (TCA) 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.

Once the primary caretaker has been established, the child would be considered temporarily absent during the time period he is with the other parent.

1420.0720.01 Prohibition against Living with Child (TCA) 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. 1420.0720.02 Temporary Removal of Custody (TCA) 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 current court orders, custody papers, and 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. 1420.0720.03 Deportation of a Parent (TCA) 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