Continued Absence of a Parent

[41-450]

Definition of “Continued Absence”

[41-450.1]

Continued absence exists when the natural parent is physically absent from the home and the nature of the absence results in an interruption or termination of the parent's functioning as a provider of maintenance, physical care or guidance for the child.

The reason for the absence or the length of time the parent has been absent is not the determining factor. The main issue is whether the absence means the parent cannot be counted on in planning for the present support or care of the child.

Note: There is always absent parent deprivation in single parent adoptions.

A parent may contact or visit the child frequently but still will be considered absent if they are not living in the home and there has been an interruption or termination of parental responsibility as it existed prior to the absence.

“Continued absence” shall be considered to exist when there is joint custody and the child lives with each parent for alternating periods of time. Refer to Determining Caretaker Relative for a complete discussion of the caretaker relative determination.]

“Continued absence” shall be considered to exist in a two parent household when a parent who is a convicted offender is permitted to live at home while serving a court imposed sentence by performing unpaid public work or unpaid community service during the workday and there is no other deprivation. The parent who is the convicted offender shall be considered “absent” for deprivation purposes if there is no other deprivation available upon which to base aid. This parent cannot be considered a U-parent. This parent may be eligible to receive CalWORKs and may still be a caretaker relative.

Note: The PSP at Elmwood is such a program. The client lives at home and reports to Elmwood each day during the work- week. Because the parent is prevented from working at a paid job, the family is deprived in the same manner as the family with a parent who is incarcerated.

However, if the client is in a jail program in which they live at home and work at a regular job during the week and only goes into the jail on weekends, the absence shall be considered temporary and shall not be considered “continued.” Some other deprivation must exist for there to be CalWORKs eligibility.

If the client stays at the jail nights and is released to work at a regular job during the day only, the client is an inmate of the institution, is absent from the house, is not eligible for aid and cannot be the caretaker relative.

Temporary Absence

Continued absence does NOT exist when one parent is physically absent from the home on a temporary basis. Examples are visits, trips or temporary assignments undertaken in connection with current or prospective employment. In such temporary absences, the family still plans for the support and care of the child together and there is no actual interruption of parental responsibility. Refer to Temporary Absence [EAS 82-812; 82-812.6].

Circumstances That Meet the Definition of “Continued Absence”

[41-450.2]

The physical absence of a parent from the home in conjunction with any one of the following circumstances shall be considered to meet the definition of “Continued Absence”:

The parents are not married to each other and have not maintained a home together.
The parent:
- Is not legally able to return to the home because of confinement in a penal or correctional institution;
- Has been deported; or
- Has voluntarily left the country because of the threat of, or the knowledge that he/she is subject to deportation.
- Cannot enter the country because he/she is not legally entitled to enter.
A parent has filed, or retained legal counsel for the purpose of filing an action for dissolution of marriage, for a judgment of nullity, or for legal separation.
The court has issued an injunction forbidding the parent to visit the spouse or child.
The remaining parent has presented a signed, written statement that the other parent has left the family and that there is an interruption of parental responsibility within the definition of continued absence.
Both parents are physically out of the home and their whereabouts are not known.

Less Obvious “Continued Absences”

Voluntary Placements

When both parents maintaining a home together voluntarily place their child with a relative or in a foster home, absent parent deprivation does not automatically exist.

If the child voluntarily leaves the home to live with relatives or with foster parents, absent parent deprivation does not automatically exist.

The separation of the child from the parents MUST BE ACCOMPANIED BY DEFINITE INTERUPTION OF THE CARE AND SUPERVISION NORMALLY PROVIDED BY THE PARENTS. The child must, in fact, be deprived of parental guidance from his/her natural parents on a continuous basis.

Continued absence does not exist when the parents are temporarily absent from the home. Examples include: extended trips, vacations, temporary assignments undertaken in connection with employment.]

Refer to Family Reunification Program Overview.

Evaluation of Property

The personal property, real property and income of the absent parents shall be considered in determining eligibility and the grant amount, only to the extent that they are actually available to meet the needs of the child(ren).

Parent on Active Duty in Armed Forces

[41-450.1]

If a parent is in the military, it is immaterial whether or not he/she was drafted or volunteered. What must be considered is whether the parent's absence from the home can be classified as “continued absence.”

When the client provides appropriate evidence to establish that the other parent would be absent, REGARDLESS OF THEIR ACTIVE DUTY IN THE MILITARY, then continued absence shall be considered to exist.

Note: It is no longer necessary to determine if the spouse can join the parent who is in the military. There must be a break in marital ties which occurred regardless of military service.

Evidence of “Continued Absence”

[41-450.4]

If one parent is absent due to one of the circumstances the written statement of the applicant or recipient parent may be considered sufficient evidence of “continued absence” unless conflicting information is known to the county or reasonable doubt indicates further evidence is necessary. (The completed CW 2.1 is sufficient evidence.)

If conflicting information is known to the county or reasonable doubt indicates further evidence is necessary, the written statement of the applicant or recipient parent must be supported by at least one of the following:

Additional evidence indicating “continued absence,” which may include written statements of the absent parent or other persons with prior knowledge of the family relationship; or
Evidence of the actions of the applicant/recipient or the absent parent that clearly indicates both the physical absence of the parent and interruption or termination in meeting parental responsibilities and the support, care and guidance of the child.

The actions of the applicant/recipient that clearly indicate both factors must be clearly documented in the Journal Detail page of CalSAWS.

Requirement to Cooperate with Child Support Regulations

[43-105]

Child Support regulations require all applicants/recipients to cooperate fully in identifying and locating absent parents, establishing paternity, obtaining support payments and assigning accrued support rights. The Eligibility Worker must follow child support procedures whenever a CalWORKs AU child has an absent parent or when the parents are unmarried and paternity has never been established.

Note: A "Referral to Local Child Support Agency ( DCSS)" (CW 371) is not required for a parent who is “absent” for deprivation purposes but is a convicted offender actually living at home and reporting to the jail during work hours. A "Child/Spousal and Medical Support Notice and Agreement" (CW 2.1) must still be completed to establish deprivation and be imaged into the case file. The situation must be clearly documented in the Journal page in CalSAWS.