The CAO must consider a child deprived if a parent is continually absent from the home and the continued absence interrupts or deprives the child of support, care, or parental guidance.
Continued absence interrupts or deprives the child of support, care, or parental guidance when one of the following circumstances exists:
Death
NOTE: A child is considered deprived when an adoptive parent has died, even if both biological parents are living.
Divorce, pending divorce, desertion, or marital separation
NOTE: If the separated parents continue living in the same residence, the child is not considered deprived for TANF eligibility. Verification of marital separation must prove that husband and wife live at different addresses because of marital conflict.
Paternity is not established
Hospitalization (not temporary) in a medical hospital or nursing care facility
Institutionalization
Imprisonment (This includes a convicted offender who lives at home and performs unpaid public or community work during the day. This person is excluded from the budget group and is ineligible for benefits.)
NOTE: A parent is not considered absent if he or she is incarcerated but lives at home on work-release.
Single parent adoption or artificial insemination of an unmarried woman
A child whose paternity has not been established is considered deprived even when living with the putative father. The specified relative must take action to establish paternity and support. The putative father of a child born out-of-wedlock is not considered a parent until paternity has been established. See Chapter 131, Support.
Paternity is established when one of the following occurs:
55 Pa. Code § 187.22 23 C.S. 5103(c)
The biological parents marry after the child is born
A court order legally establishes paternity
The putative father and mother sign an Acknowledgement of Paternity Form (PA/CS 611) which is submitted to Bureau of Child Support Enforcement (BCSE)
The father’s name is recorded on the birth certificate of a child born on or after January 1, 1998
23 C.S. 5103(c) 23 C.S. 5103(i)
NOTE: A birth certificate provided by a state’s vital records department is an official birth certificate.
NOTE: A verbal admission of paternity does not establish paternity.
The CAO must not consider a child deprived if the only reason for the parent's absence is due to:
1. Employment away from home; or
2. Active duty in a uniformed service including:
Army
Air Force
Navy
Marines
Coast Guard
U.S. Public Health Service
National Oceanic and Atmospheric Administration (National Weather Service)
NOTE: There must be evidence that the parent is absent due to desertion, marital separation, divorce, hospitalization, or institutionalization. The absence must be unrelated to employment away from home or active duty in a uniformed service. It must interrupt the parent's ability to provide physical care, maintenance, or guidance.
When parents have shared or joint legal custody of a child, the CAO considers the parent who has primary physical custody to be the caretaker/relative. The other parent is the absent parent. Primary physical custody is taking care of and being in charge of the child 51 percent of the time or more, as is written in any court custody order.
The caretaker/relative must meet all eligibility requirements, including support action.
Examples:
Mr. and Mrs. Smith are divorced and have joint legal custody of their two children. The children live with Mrs. Smith from Monday through Friday and spend each weekend with Mr. Smith. Mrs. Smith applies for cash benefits for herself and the two children when her job ends. Mrs. Smith is designated the caretaker/relative. Mr. Smith is the absent parent. Deprivation exists because Mr. Smith's absence interrupts his providing physical care and guidance. He is not involved in the daily decisions about the children's health care, education, etc. Mrs. Smith must pursue support.
Mr. and Mrs. Clark are separated and have joint legal custody of their two children. Mr. Clark has physical custody from January through June. He is the specified relative and may apply for the children during those months. Mrs. Clark is considered an absent parent from January through June. Her absence interrupts her ability to provide physical care, maintenance, and guidance to the children. Mr. Clark must seek support from Mrs. Clark at that time. Mrs. Clark has physical custody from July through December. Mrs. Clark may receive TANF for the children while they are in her physical custody during those months. She must seek support from Mr. Clark (the absent parent) at that time.
If both parents receive cash benefits, the caretaker/relative must be the payment name and receive the TANF payment for the child. The TANF payment is used to meet the needs of the child for the entire payment period, not just for the time the child is in the physical custody of the caretaker/relative.
NOTE: It is not the responsibility of the CAO to mediate disputes between parents about the use of the assistance payment. Refer the parents to the court or the Domestic Relations Section.
Special arrangements for physical custody of a child on holidays, birthdays, vacations, and special occasions are considered regular visits to the absent parent. The caretaker/relative is not entitled to any special allowance to pay for the arrangements.
In joint or shared legal custody cases with custody truly shared on a 50/50 basis, one parent will be designated the caretaker/relative and receive TANF benefits for the parent and the children, if otherwise eligible. The caretaker/relative parent can be chosen by agreement between the parents or by one parent making an uncontested application. Disagreement about who is to be the caretaker/relative may require the parents to seek settlement through the court or through an official mediation unit such as (but not limited to) the Domestic Relations Section of the mediating county.
If a disagreement about benefits arises in a 50/50 custody arrangement, the parent who applied and was found eligible for TANF before the disagreement continues to receive the benefits until a court or official mediation unit decides otherwise. If the court decision mandates a change of custody designation against the TANF recipient parent, that parent is given advance notice of intent to discontinue. See Chapter 168.
Examples:
Mr. and Mrs. Greene, who are divorced, have joint 50/50 custody of their two children under a court order. Each parent has primary physical custody of the children every other week. Mrs. Greene applies for cash assistance for herself and the children because her unemployment benefits ended. She has no other income. Mrs. Greene is designated the caretaker/relative and Mr. Greene the absent parent. Mr. Greene agrees to this action.
Mr. Greene becomes dissatisfied with the arrangement above. He decides to apply for TANF for himself and the children. Mrs. Greene rejects the idea. Mr. Greene must petition the court for primary physical custody of the children. Mrs. Greene's case remains active until the court decision.
If the parents disagree about who the caretaker/relative will be, explain that TANF eligibility cannot be determined. Instruct them to return to court for a decision giving primary physical custody to one of them.
A client must cooperate to get necessary information and verification establishing deprivation. The CAO must not deny assistance if there is cooperation.
The client must prove that:
A parent is absent from the home and
The absence of the parent interrupts or deprives the child of support, care, or parental guidance
The client's statement that the child's parent is dead is enough verification. If the CAO has reason to question the client's statement, the following verification can be used:
A death certificate
Proof of receipt of a widow's or survivor's benefit on the deceased parent's social security number
VA or military service records
A signed statement from a funeral director
Hospital records
A newspaper death notice
Insurance company records
Police records
The statement of a minister or member of the clergy
NOTE: If deprivation is due to death, the client must apply for Federal benefits, such as Social Security Survivor's benefits, for which the child may be eligible. See Chapter 150, Income, if the deceased is a parent. See Chapter 131, Support, if the deceased is a putative father.
Acceptable proof of absence includes the following:
Divorce, pending divorce, desertion and marital separation may be verified by:
Divorce papers
Annulment papers
Military records
Court records
Post office record of address
Motor vehicle registration records
Driver's license
Voter registration records
Employment/employer records
Telephone directory
School records
Unemployment Compensation records
Union records
Social Security Administration, Department of Veterans Affairs, or other government agency records
Insurance company records
City directory
Written statements from a landlord who is not related to the child
A statement from a member of the clergy
A statement from knowledgeable non-relatives
A signed statement from the absent parent
Hospitalization may be verified by:
Employment/employer records
Doctor’s statement
Hospital records
Imprisonment may be verified by:
Institution records
Court records
Law enforcement records
Probation office records
Institutionalization may be verified by:
Institution records
Statement from a reputable source in the community
Law enforcement records
That paternity is not established may be verified by:
Contact with the absent parent
Statement from a reputable source in the community
Court records
Single parent adoption may be verified by:
Institution records
Court records
Doctor’s records
Adoption records
Hospital records
Children and youth agency records
Artificial insemination may be verified by:
Doctor’s statement
Hospital or laboratory records
Support requirements as a condition of eligibility apply to applicant/recipients of cash assistance if there is:
55 Pa. Code § 153.44(b)(2)(i)(B) 55 Pa. Code § 187.23(b) 55 Pa. Code § 187.23(d)
The reported absence of a parent due to desertion, separation, or divorce, from the home of an un-emancipated minor child for whom cash/Medicaid is claimed
The existence of a putative father for an un-emancipated child
The absence of a spouse from the home due to desertion or separation
Applicants/recipients must cooperate in determining paternity and establishing/enforcing a support order. Failure to cooperate without good cause will result in:
55 Pa. Code § 153.44(b)(2)(i)(C)
The reduction of the FSA in an amount of 25 percent or more; and
The imposition of a protective payment for cash assistance
See Chapter 131, Support, for specific support requirements and procedures.
Reissued September 21, 2012, replacing January 31, 2012