A child is considered deprived if a parent continues to be absent from the home and the absence leads the child to be without parental support, care or guidance. Continued absence for one of the following reasons is enough proof that the child is lacking in parental support, care, or guidance:
55 Pa. Code § 153.43(b) 55 Pa. Code § 153.44
Death
NOTE: A child whose adoptive parent has died is considered deprived even if both biological parents are living.
Divorce, pending divorce, desertion or marital separation.
Paternity not established.
Being permanently in a medical or nursing care facility.
Being in an institution.
Being in prison.
NOTE: A parent who is a convicted offender but is living at home is not absent.
If there is continued absence for any reason other than those listed above, the CAO must confirm that the absent parent is not in charge of the support, care, or guidance of the child.
A child is not considered to be deprived when the only reason for the parent’s absence is either of the following:
A job away from home
Active duty in a uniformed service, including: 55 Pa. Code § 153.44(a)(7) 55 Pa. Code § 153.42
Army.
Navy.
Marines.
Air Force.
Coast Guard.
U.S. Public Health Service.
National Oceanic and Atmospheric Administration.
Reserves or National Guard.
NOTE: Deprivation due to continued absence does exist if the break in the family relationship is not connected to active duty in a uniformed service or a job away from home. There must be proof that the parent is absent because of desertion, marital separation, divorce or being in a hospital or institution.
A child is considered deprived if paternity has not been established, even if the child is living with the putative father. The putative father of a child is not considered a parent until paternity has been established.
55 Pa. Code § 153.43(a) 55 Pa. Code § 153.44(e)
A individual must not be considered the father simply because he says he is. The father's name on a birth certificate before January 1, 1998, does not prove paternity, unless the child was born in Puerto Rico.
For individuals born in Puerto Rico, use the following guidelines:
Puerto Rico-born MA recipients, whose United States (U.S.) citizenship is verified as of September 30, 2010 with a birth certificate issued in Puerto Rico prior to July 1, 2010, do not have to re-verify U.S. citizenship
If past Puerto Rico-born recipients re-apply and U.S. citizenship was previously verified with a birth certificate that was valid at the time it was presented, they do not need to re-verify U.S. citizenship.
Demographic information for new applicants declaring to be U.S. citizens, which includes Puerto Rico-born individuals, will be sent through the Master Client Index (MCI) interface with the Social Security Administration (SSA) for verification of U.S. citizenship and identity. If the interface results in a successful match, a batch process will populate system verification and source codes in the individual’s Client Information System (CIS) record and no further action is required by the CAO staff. If the interface fails, an alert will be created. Then, CAO staff must contact the individual to verify U.S. citizenship, see Section 322.21 Primary-Level Proof of Citizenship for additional documents that are acceptable for verifying U.S. citizenship. As long as the individual cooperates with obtaining verification, MA should continue.
Unlike obtaining out-of-state birth certificates from other states, there were past issues related to obtaining birth certificates from Puerto Rico. Puerto Rico will not accept a One-Time Issuance check for a replacement birth certificate; the only acceptable payment is by money order for mail-in applications or credit card for on-line applications. The new, on-line application may only be submitted by an authorized individual. CAO staff would not be considered as authorized by Puerto Rico. The new birth certificates cost $5.
The fees are waived for all veterans and people over the age of 60. In order to obtain a free copy, a veteran must present Department of Defense Form 214 – Discharge Papers and Separation Documents. At this time, CAO staff should not send to Puerto Rico for a replacement birth certificate unless the applicant is a veteran or over age 60. If a Puerto Rico-born individual wants to apply for his or her own birth certificate, additional information is available at the Puerto Rico Federal Affairs website: http://www.prfaa.com/birthcertificates. Updated mail-in applications are included as attachments:
English version (Attachment 1)
Spanish version (Attachment 2)
Paternity is established when one of the following occurs:
The biological parents are married after the child is born.
Paternity has been legally set by court order.
The father's claim of paternity for a child born out of state is shown to be true on a voluntary statement of paternity form from the Domestic Relations Section.
The putative father of a child born in Pennsylvania signs an Acknowledgment of Paternity Form, which is filed with the Department of Health. The mother also signs the form. To be valid, the signatures must be witnessed by a third party, which cannot include the mother or the putative father.
The father’s name is on the birth certificate of a child born in Pennsylvania on or after January 1, 1998.
The father's name is on the birth certificate of a child born in Puerto Rico. (See guidelines above)
Proof of deprivation is needed only if the CAO has reason to question the individual’s statement. If proof is required, a individual must cooperate in getting it. The CAO must document the process. The CAO cannot deny MA if the individual cooperates.
The CAO must confirm that:
A parent is absent from the home.
The absence of the parent interrupts or deprives the child of parental support, care or guidance.
NOTE: If the parent is absent for one of the reasons listed above, except for a job away from home or active duty in a uniformed service, no further proof of deprivation of parental support, care or guidance is required.
An individual’s statement that the child's parent is deceased is enough proof. If there is reason to question the individual’s statement, the following proof may be used: 55 Pa. Code § 205.4(d)(2)
Death certificate.
Papers showing that a widow or survivor has received a benefit on the deceased parent's Social Security number.
Veterans Administration (VA) or military service records.
Signed statement from a funeral director.
Death notice from a newspaper.
Insurance company records.
Police records.
Statement from a member of the clergy.
Reminder: If the reason for deprivation is that someone has died, the individual in charge of the child must apply for all possible benefits, such as Social Security, that the child may be able to get. If the individual does not cooperate, without good cause, in getting possible all benefits, then the child is ineligible until the individual does cooperate. 55 Pa. Code § 183.13(a) & (b)
Proof of absence includes the following: 55 Pa. Code § 153.44(a)(5) & (6) 55 Pa. Code § 205.4(d)
Proof of divorce (final or pending), desertion, or marital separation:
Divorce papers.
Annulment papers.
Military records.
Court records.
Post office records of address.
Motor vehicle registration records.
Driver's licenses.
Voter registration records.
Job records.
Telephone directories.
School records.
Unemployment compensation records.
Union records.
Social Security Administration, Department of Veterans Affairs or other government agency records.
Insurance company records.
City directories.
A written statement from a landlord who is not related to the child.
A statement from a member of the clergy.
A statement from a nonrelative who knows the individual.
A signed statement from the absent parent.
Proof that a individual is in a hospital:
Employment/employer records.
Doctor's statements.
Hospital records.
Proof that a individual is in prison:
Prison records.
Court records.
Law enforcement records.
Probation office records.
Proof that a individual is in an institution:
Institution records.
A statement from an honest and known source in the community.
Law enforcement records.
Proof that paternity is not accepted:
Contact with the absent parent.
A statement from an honest and known source in the community.
Court records.
Proof of single-parent adoption:
Institution records.
Court records.
Doctor's records.
Adoption records.
Hospital records.
Children and youth agency records.
Proof of artificial insemination:
Doctor's statement.
Hospital or laboratory records.
Reminder: The CAO must record proof of all verification in the case record.
Updated February 14, 2012, Replacing April 4, 2008