Tenn. Comp. R. & Regs. 1240-01-47-.26 - ABSENCE OF A PARENT

(1) A child may be determined to be deprived of parental support or care by reason of the "Absence/Continued Absence" of one or both parents from the home in which the child lives under criterion as described in 1240-01-47-.26(3)(a) below.

(a) As a condition of eligibility for the entire assistance group for Families First, the remaining parent or other applicant/grantee relative must give required information about the absent parent(s) and cooperate with the IV-D child support agency as necessary.

(b) If the facts establish the allegedly absent parent has a separate living arrangement from the child(ren) for whom Families First is requested and is not providing financial maintenance, physical care or guidance sufficient to meet the child's needs, deprivation of parental support or care by reason of "Absence/Continued Absence" from the home under the criterion described in 1240-01-47-.26(3)(a) below may be determined to exist.

(2) Deprivation of parental support or care by reason of Absence/Continued Absence from the home under criterion as described in 1240-01-47-.26(3)(a) below may exist due to any of the following:

(a) Divorce of natural parents and only one or no parent remains in the home with the child(ren);

(b) Separation of parents;

(c) Desertion of one or both parents;

(d) Imprisonment of one or both parents;

(e) Institutionalization of one or both parents;

(f) At least one parent is serving a court-imposed sentence of unpaid public service while residing at home;

(g) Single parent adoptions.

(3) Deprivation of parental support or care by reason of "Absence/Continued Absence" from the home exists when:

(a) At least one parent is absent from the home and the nature of the absence:

1. Interrupts or terminates the parent's functioning as a provider of financial maintenance, physical care or guidance for the child; and

2. The known or indefinite duration of the absence precludes counting on the parent to perform his/her function of planning for the present support or care of the child. If these conditions exist, the parent may be absent for any reason, and may have left only recently or some time previously. (Reference 1240-01-47-.26(3)(b) and (f) below for "Absence" due to court-imposed unpaid public service and active duty in the uniformed services of the U.S.).

(b) "Absence" Due to Court-Imposed Unpaid Public Service.

1. A child is to be considered deprived of parental support and/or care by reason of continued absence from the home when:

(i) A parent has been convicted of an offense and is under sentence of a court; and

(ii) The sentence requires, and the parent is performing, unpaid public work or community service during working hours which totally precludes gainful employment; and

(iii) The parent is permitted by the court to live at home while serving the sentence.

2. Real and personal property belonging to the convicted parent is to be treated in accordance with rule 1240-01-50-.07(2).

3. Any unearned income except SSI belonging to the convicted parent and excess above his/her own needs will be counted as available to the family.

4. The convicted offender living at home and performing unpaid work:

(i) Cannot be included in the aid group;

(ii) Cannot be the payee;

(iii) Is not a Families First applicant/recipient so is not required to participate in Families First Employment and Training;

(iv) Must not be treated as an absent parent in relation to the child support requirements.

(c) Alleged Parent Defined. The natural father of a child born out of wedlock whose paternity has not been judicially established.

1. The mother or other relative applying for assistance for such a child is required to provide all the facts known to establish the identity of the alleged father and child unless good cause exists for not doing so. The relative is also advised of services available to assist in such identification process.

(d) In single parent adoptions, absence of one parent exists because there is only one parent. There are no child support requirements in these cases.

(e) Stepparent Cases. Deprivation on the basis of absence exists even though the parent who remains in the home has remarried and the stepparent is also in the home.

1. To determine whether such a child is in need according to Department standards, the income of the stepparent living in the home will be deemed to be available to the stepchildren. In addition, the income of a stepparent in the military service and outstationed will be deemed to the stepchildren.

(i) Exception: When a Families First custodial parent marries during receipt of assistance, exception at 1240-01-47-.23(5) applies.

(f) Active Duty in Uniformed Service of the US (Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Sciences Administration, and US Public Health Service). Absence does not exist when the parent is away from the home in which a child is living (for whom Families First is requested/received) solely by reason of the parent's performance of active duty in a uniformed service of the US. Likewise a stepparent in the uniformed service is considered as "in the home" for purposes of deeming income to the stepchildren (see Exception in paragraph (e) above). The A/R will be required to apply to have an allotment sent directly to him/her if a grant is approved.

(4) Duration of Absence. Where "Absence/Continued Absence" under the criterion described in 1240-01-47-.26(3)(a) above is determined to exist, the absent parent may have left only recently or some time previously. Deprivation of parental support or care by reason of "Absence/Continued Absence" must be reviewed and substantiated at each determination/redetermination of eligibility as provided in 1240-01-47-.26(5) below.

(5) Verification/Documentation. The fact of continued absence (when absence is the basis for deprivation of support/care) must be considered and substantiated at each determination/redetermination of eligibility.

Notes

Tenn. Comp. R. & Regs. 1240-01-47-.26

Original rule filed December 2, 1996; effective February 15, 1997. Public necessity rule filed July 2, 2007; expired December 14, 2007. Amendment filed October 1, 2007; effective December 15, 2007. Amendments filed January 20, 2009; effective April 5, 2009.

Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 4-5-209, 71-1-105, 71-3-152, 71-3-153 and 71-3-154; 71-3-158(d)(2)(D); 42 U.S.C. §§ 601 et seq. and 42 U.S.C. 603; Public Acts of 1996, Chapter 950, and 45 CFR 233.90 and 45 C.F.R. § 233.90(c)(1)(iii), § 1115 of the Social Security Act; Deficit Reduction Act 2005 ( Pub. L. 109-171 §§ 7101 and 7102, February 8, 2006); 71 Federal Register 37454 (June 29, 2006); and Acts 2007, Chapter 31.