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(a) For a child to be considered deprived of parental support or care due to continued absence, one or both parents shall be physically absent from the child for at least 30 continuous days, beginning with and including the day of separation, in conjunction with any one of the circumstances listed below:
(1) The parents are divorced or legally separated;
(2) A parent has filed for a divorce, legal separation, or annulment and such application has been pending in the court for at least 30 days;
(3) The court has issued an injunction or restraining order forbidding a parent to visit the spouse or child for at least 30 days, or if for an indefinite period of time , with a reasonable expectation that the order will be in effect for 30 days or more;
(4) The parent is not legally able to return to the home because of confinement in a correctional institution or mental hospital which will continue or is reasonably expected to continue for at least 30 days; or
(5) The parent has deserted the child or there is mutual separation, and the absence of one or both parents has been continuous for at least 30 days.
(b) The 30- day continuous absence period shall be applied as follows:
(1) If the 30 days have not elapsed at the time of the initial eligibility determination interview, but the absence is expected to last for 30 days or more, medical assistance shall be initiated prior to the end of the 30-day continuous absence period if all other eligibility factors are met;
(2) The 30-day continuous absence period shall not be interrupted if:
a. The absent parent returns home to visit the children; or
b. The parents have attempted reuniting the family within the 30 days or within the temporary adjustment period as defined in He-W 601.08(c), but this attempt has failed; and
(3) Counting for the 30-day continuous absence period shall begin again if:
a. Reunited parents separate following the termination of the temporary adjustment period; or
b. Deprivation is being determined for a different absent parent.
(c) The individual shall verify continued absence:
(1) At the initial eligibility determination;
(2) At each subsequent redetermination; and
(3) Whenever the individual, absent parent, or third party reports to the department that the absent parent has returned to the home.
(d) To verify continued absence pursuant to (c) above, the individual shall complete a document which includes all of the following:
(1) The individual’s name and dated signature;
(2) Certification of current absence that has existed or is expected to exist for at least 30 continuous days; and
(3) The name of the absent parent.
Source. #13629, eff 5-10-23, EXPIRES: 5-10-33