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unlikely that there is an interruption of either parent's care and support. However, if the child

Volume III | Chapter 3

06 spends the school year with one parent and vacation periods with the other parent, the absence may be of a continuous nature for the period of time that the child is with the payee. Although there is not a specific time period for establishing deprivation by reason of continued absence, the absence must be of such duration as to establish the break in parental functions as described above and for the agency to establish eligibility. Reasons for Continued Absence While there are only four separate reasons for deprivation, continued absence may be due to any of several specific reasons. These are described below. Divorce or Legal Separation A child living with one parent who has secured a divorce or legal separation from the other parent will be considered deprived of parental support or care, provided the parent who is out of the home is not fulfilling his/her parental role, as discussed above. Also, divorce or legal separation may be the basis for deprivation for a child living with another relative when neither of his parents are in the home. There is no provision for legal separation in the Mississippi statute although there is a provision for bringing a separate support and maintenance action. However, legal separation could be the basis for deprivation for children in this state when the child's parent obtained this legal action in some other state which has the provision. Divorce or Legal Separation To establish divorce or legal separation the worker will: 1. Obtain a statement from the grantee relative concerning the fact of the divorce or order for separation, the time and place of the order, and the provisions made for support. 2. Substantiate, if possible, the fact of the divorce or legal separation from copies of the order in the possession of the individual. 3213 MISSISSIPPI

[NON-FINANCIAL CRITERIA: DEPRIVATION] Revised 08-01-