329.1 General Policy

To qualify for TANF-related MA, a child must meet age requirements, live with a specified relative, and be deprived of the support, care, or guidance of one or both parents.            55 Pa. Code § 153.43

Deprivation means not having the maintenance, care, and guidance that a child normally gets from one or both parents, either for short or long term periods.

55 Pa. Code § 153.42

A parent is either the biological or adoptive mother or father of the child. If a child is adopted, deprivation is based on the lack of support, care, or guidance of the adoptive parent, not the biological parent.         55 Pa. Code § 153.43(a)  

Deprivation is a factor when deciding whether an adult qualifies as a specified relative. To be eligible for a TANF-related category, the adult must be taking care of and being in charge of the deprived child and be a specified relative. (See Chapter 327, Specified Relatives.)

A specified relative may be eligible for MA in a TANF-related category (PC/TC or PU/TU).

55 Pa. Code § 178.11(4)(ii)   55 Pa. Code § 178.11(5)(i)    55 Pa. Code § 178.12(5)(ii)     55 Pa. Code § 178.12(6)(i)

A child is considered deprived for the following reasons only:         55 Pa. Code § 153.43(b)(c) &(d)

NOTE:  When legal custody of a child is joint or shared, the CAO must consider the parent who has primary physical custody of the child to be the caretaker/relative and the other parent to be the absent parent. Primary physical custody is having care and control of the child 51 percent or more of the time, as directed in any court order on custody.

Proof of deprivation is needed only if the CAO has reason to question the individual’s statement. If proof is needed, the CAO must record the proof in the case record. If a individual needs help in getting proof, the CAO must help.

 

Updated February 14, 2012, Replacing April 4, 2008