OKDHS - OAC 340:10-10-4. Continued absence of the natural or adoptive parent(s) from the home

340:10-10-4. Continued absence of the natural or adoptive parent(s) from the home

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Revised 6-1-11

(a) Determining absence. Continued absence of the natural or adoptive parent(s) from the home constitutes a reason for deprivation of parental care.

(1) It is essential to determine if a primary caretaker exists or if the parents are equally sharing parental responsibilities.
- (A) Only the parent determined as the primary caretaker is eligible to receive Temporary Assistance for Needy Families (TANF) for this child(ren).
- (B) If both parents are exercising responsibility for the child(ren), providing day-to-day care, and share maintenance, physical care, and guidance for the child(ren), deprivation does not exist for this child(ren). • 1 If any one of the conditions included in the previous sentence is not met, the child(ren) is deprived of parental care. • 2
(2) The nature of the absence must have either interrupted or terminated the parent's functioning as a provider of maintenance, physical care, or guidance for the child(ren) and the known or indefinite duration of the absence precludes counting on the parent(s) for the present support or care of the child(ren). • 3 If these conditions exist, the length of time of the absence is not considered.
(3) A parent(s) whose absence is due solely to employment, looking for employment, education, or active duty in the uniformed services of the United States, is not considered absent from the home.
(4) A parent(s) who is a convicted offender but is permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home.

(b) Identifying information. An applicant for TANF must provide the name of the person(s) alleged as responsible for the support of a child(ren), including the legal and natural father when they are not the same, and provide identifying information such as name, address, and the employer of the person(s), if known. The parent or caretaker relative completes and signs Form 08TA001E, Absent Parent (AP) Information Sheet and Form 03EN002E, Affidavit of Child Support Payments Received. • 4

(1) Absence is verified through an evaluation of the information recorded. • 5
(2) If the absent parent can be located at the time deprivation is being established or at subsequent reviews, the absent parent must be interviewed to determine whether deprivation exists and whether child support is being paid. • 6

(c) Establishing need. To establish the need for TANF, it is necessary to determine if any child support is currently being paid and, if so, the amount, how often it is paid, and the method of payment. • 7

(1) Parents have a legal obligation to provide financial support for their child(ren), whether or not they were married to each other. • 8
(2) An unmarried mother is legally the sole parent until paternity is established.
(3) The termination of parental rights does not stop the obligation of either parent to provide financial support for his or her minor child(ren), unless the child(ren) has been subsequently adopted.
(4) An adoptive parent's legal obligation continues even if a child(ren) is returned to the care of the natural parent.

(d) Acknowledgment of paternity. At any time the alleged father is located, the acknowledgment of paternity is discussed with the alleged father. The alleged father's and the mother's signature are secured on Form 03PA209E, Acknowledgement of Paternity. • 9

(1) If the alleged father lives in the home and acknowledges paternity orally, deprivation does not exist.
(2) If the alleged father in the home denies paternity but the mother continues to maintain that he is the father, deprivation does not exist pending legal establishment of paternity.

INSTRUCTIONS TO STAFF 340:10-10-4

Revised 6-1-11

1. Deprivation does not exist for a child(ren) if:

(1) a child(ren) lives with each parent for an equal period of time, such as two weeks with one parent and then two weeks with the other parent; or

(2) one parent, who does not live in the home, provides maintenance, has daily contact with the child(ren) and shares parental decision-making relating to the health, education, and welfare of the child(ren).

2. Deprivation does exist for a child(ren) who continuously lives with one parent, visits the other parent on the weekends and during the summer, and the absent parent makes support payments. In this situation, the absent parent does not have daily contact or share physical care and guidance.

3. Maintenance is considered as any assistance designed to meet the expenses of day-to-day living.

4. (a)After deprivation based on absence is established, the worker is responsible for submitting Form 03EN002E, Affidavit of Child Support Payments Received, to the appropriate Oklahoma Child Support Services (OCSS) district office.

(b) Form 08TA001E, Absent Parent (AP) Information Sheet, is completed on each absent parent and any other information of value in the development of child support is included in the comments section. This form is retained in the case record and not sent to OCSS.

(c) When additional information is made available to the worker after the original referral and has an effect on the enforcement of child support, the worker immediately:

(1) updates the Deprivation tab on Family Assistance/Client Services (FACS); and

(2) forwards the information by memo to the appropriate OCSS district office.

(d) If the reason for deprivation changes to absence from incapacity or unemployment, the worker:

(1) updates the Deprivation tab on FACS; and

(2) submits the applicable OCSS forms to the appropriate OCSS district office.

5. Acceptable evidence includes, but is not limited to:

(1) an absent parent address;

(2) a landlord's statement;

(3) an absent parent statement; or

(4) an interview with a collateral source.

6. When the absent parent's address is known, the worker completes and mails Form 08AD008E, Non-Custodial Parent Letter, to the absent parent.

7. Payments made to OCSS may be verified by viewing the child support payment screen using the transaction CFRR. To view the CFRR transaction, enter M space CFRR. Payments that have not been made through OCSS can be verified by sending Form 08AD008E, Non-Custodial Parent Letter, to the absent parent.

8. If the parents are divorced or legally separated, any legal documents are copied and attached to the OCSS forms.

9. Form 03PA209E, Acknowledgement of Paternity, is completed and the original and one copy are forwarded to the Oklahoma State Department of Health (OSDH), Division of Vital Records. Copies are given to the mother and alleged father. Completion and filing of Form 03PA209E legally establishes paternity for a child. If either parent, within 60 calendar days of completing Form 03PA209E, changes his or her mind about acknowledging paternity, Form 03PA211E, Rescission of Acknowledgement of Paternity, is signed and filed with OSDH. If either parent is under 18 years of age when Form 03PA209E is signed, they have 60 calendar days after turning 18 years of age to complete Form 03PA211E.

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