340:10-10-4 Continued absence of the natural or adoptive parent(s) from the home

(a) Determining absence. Continued absence of the natural or adoptive parent(s) from the home constitutes a reason for deprivation of parental care. (1) The applicant or recipient must be the primary caretaker of the child(ren) to be eligible due to the absence of the other parent. A single parent of an unborn child does meet this requirement. (2) When both parents exercise responsibility for the child(ren), provide day-to-day care, share maintenance, physical care, and guidance for the child(ren), deprivation does not exist. When one of these conditions is not met, the child(ren) is deprived of parental care. (3) The absence of the parent must interrupt or stop the parent's functioning as a provider of maintenance, physical care, or guidance for the child(ren). The amount of time the parent has been absent is not considered when determining deprivation based on absence. (4) A child is not considered deprived due to absence when the parent is out of the home due solely to employment, looking for employment, education, or active duty in the United States uniformed services. (5) A parent(s) who is a convicted offender but is permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home. (b) Identifying information. A TANF applicant or recipient must provide the name of the person(s) alleged as responsible for the support of a child(ren), including the legal and natural father when they are not the same, and provide identifying information, such as name, address, and the employer of the person(s), when known. The applicant or recipient completes and signs Form 08TA001E, Absent Parent (AP) Information Sheet. (1) Absence is verified through an evaluation of the information recorded. (2) When contact information is available, the worker interviews or attempt to interview the absent parent to determine whether deprivation exists and child support is being paid at application and subsequent renewals. (c) Establishing need. To establish the need for TANF, the worker must determine whether child support is currently paid and, when paid, the amount, how often it is paid, and the method of payment. (1) Parents have a legal obligation to provide financial support for their child(ren), whether or not they were married to each other. (2) An unmarried mother is legally the sole parent until paternity is established. (3) The termination of parental rights does not stop the obligation of either parent to provide financial support for his or her minor child(ren) unless the child(ren) has been subsequently adopted. (4) An adoptive parent's legal obligation continues even when a child(ren) is returned to the care of the natural parent. (d) Acknowledgment of paternity. When the worker is able to contact the alleged father, the worker asks whether he is willing to acknowledge paternity. When the alleged father agrees to acknowledge paternity, the worker gives or sends him Form 03PA209E, Acknowledgement of Paternity, to review. The worker advises him to contact Child Support Services at the telephone number on the back of the form if he is willing to sign the form. (1) When the alleged father lives in the home and acknowledges paternity orally, deprivation does not exist. (2) When the alleged father in the home denies paternity, but the mother continues to maintain he is the father, deprivation does not exist pending legal establishment of paternity.