Temporary Absence

[EAS 82-812; 82-812.6]

Any member of an AU may be considered temporarily absent when absent from the home for one full calendar month or less. A child is considered to be living in the home of a caretaker relative even though the child and/or the caretaker relative is temporarily absent from the home. The basis for the temporary absence must be documented.

One Full Calendar Month

[82-812.51]

One full calendar month is from the first of the month through the last day of the month. If the individual has been absent for the entire month of February, but less than 30 days, the calendar month is not completed until the individual has been absent for 30 days.

Example Example In a non-leap year an individual temporarily leaves the home on February 1. The individual is not considered permanently absent until March 3, after 30 days away from the home.

Example Example On February 2nd, a member of the AU leaves the home to visit an uncle in Nevada and returns on March 16th. The person was not gone for one full calendar month and would be considered temporarily absent.

Example Example On April 16th, a member of the AU leaves home because of a death in the family. The person does not return until June 3rd. The person was gone more than one full calendar month and was not eligible for aid as of June 1st.

Example Example A single parent gives birth to a premature infant and the child is expected to remain hospitalized at Valley Medical Center for more than 30 days. The infant is eligible to be added to the AU (if all other eligibility conditions are met) the1st of the month following the date of birth in which the mother received the pregnancy special need. The child would be in the AU for 2 full calendar months and then would be discontinued. If the child is in a private hospital, temporary absence may continue with no time limit and that child would continue to be aided if otherwise eligible.

Care and Control

For the child to be considered temporarily absent, the caretaker relative must continue to exercise responsibility for the care and control of the child. Refer to Care and Control.

Determination of Temporary Absence

[EAS 82-812]

The following factors must be considered when determining temporary absence status:

Actual Situation - The actual family circumstances, even if they may be inconsistent with a court order.
Decision Making - If the caretaker relative is involved in making the major and minor decisions regarding the child.
Ability to Return - If the person has the ability to return to the home, or the caretaker relative has the ability to require the return of the child to the home.
Intent to Return - If the person intends to return to the home.
Paying Costs - If the person is contributing to the costs of the child's needs.

Permanent Absence

Temporary absence does NOT exist when a person is considered permanently absent. Permanent absence includes, but is not limited to when the person:

Is not in the home because of a factor which would result in continued absence. For example, a mother calls and reports that her 17 year old son has left and she does not know where he is.
Is an inmate in an institution on the first of the month and is expected to remain for one full calendar month or more. This applies to both children and adults. An inmate cannot leave the facility based upon their own decision. An example of this is a parent who has been incarcerated at Elmwood.

Exceptions To Temporary Absence Time Limit

[82-812.63]

Exceptions to the one full calendar month time limitation for temporary absence (after considering the determining factors in 25.8.3) may include, but is not limited to, the following: