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Page 2 of 3 § 10:69-2.9 Deprivation of parental support in AFCD-C-related Medicaid the CSSA shall immediately commence a comprehensive investigation of the family situation. Such investigation shall include: i. Checking with appropriate authorities, for example, the Motor Vehicle Commission, the Postal Service, utility and telephone companies, employers, and landlords, to ascertain whether the allegedly absent parent's address is the same as the beneficiary's address; ii. Obtaining information from collateral sources to determine whether the parent is living at the beneficiary's address, or, if he or she only visits, how often and for how long. (Affidavits of these circumstances or, more importantly, agreements to testify, if necessary, should be obtained.); iii. Observing the family home (on more than one occasion); iv. Interviewing both the AFDC-related Medicaid beneficiary and the allegedly absent parent as to the status of their living arrangements, the frequency, duration, and nature of his or her visits to the family home, the present financial arrangements between them, confronting them with the information previously obtained from independent sources, and permitting them an opportunity to admit, deny, contradict or explain any or all of it; and v. Following up all leads obtained during the interview, to confirm or disprove assertions made during the interview. 2. When the investigation is completed, the CSSA shall determine whether the parent is continually absent. If it is determined that the parent is residing with the eligible unit, such parent is not to be considered continually absent. If it has been determined that the parent is not residing with the eligible unit, in order to establish that such parent is not to be considered continually absent, evidence must exist of the parent's provision of three parental functions: maintenance, physical care, and guidance to the child(ren). Unless all three parental functions are present, the "absent" parent shall be considered continually absent. Evidence supporting the determination of continued absence shall be fully documented in the case record. 3. If the CSSA is convinced that the parent is not absent and the family is no longer eligible for AFDC- C-related Medicaid based on deprivation of parental support or care, the CSSA shall terminate AFDC- related Medicaid. The family shall be evaluated for eligibility for any other Medicaid program before termination. If termination is necessary, the adverse action notice shall give as the reason for the action that the "absent" parent is either living in the home or that his or her presence in the home is such that he or she can no longer be considered to be continually absent therefrom, and cite the appropriate regulations. (e) When continued absence as defined in (d) above exists, eligibility for AFDC-F Medicaid ceases. The family shall be evaluated for AFDC-C-related Medicaid. 1. In situations where the parent is to be incarcerated, hospitalized, institutionalized or incapacitated for a period beyond 30 days, eligibility for AFDC-F-related Medicaid ceases. The remaining members of the family shall be evaluated for AFDC-C-related Medicaid. History HISTORY: Amended by R.2005 d.64, effective February 22, 2005. See: 36 N.J.R. 3622(a), 37 N.J.R. 646(a). Rewrote (c); in (d), deleted references to -N related Medicaid throughout. Amended by R.2017 d.209, effective December 4, 2017.