Ariz. Admin. Code § 6-12-310

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-12-310 - Deprivation

A. No child shall receive CA unless the child is deprived of parental support or care due to the continued absence, death, incapacity, or unemployment of the child's parent.

B. A child suffers deprivation by continued absence when the following 3 conditions are met:

1. The child's natural or adoptive parent is out of the home for a minimum of 30 continuous days;

2. The absence interrupts or terminates the parent's ability to provide maintenance, physical care, or guidance to the child; and

3. The duration of the absence prevents the child from relying on the absent parent for support or care.

C. When the conditions listed in subsection (B) are met, the situations listed in this subsection may constitute deprivation by continued absence.

1. A parent is absent due to involuntary hospitalization, incarceration, or deportation.

2. A parent is a convicted offender who is living in the home while serving a sentence of unpaid public or community service; however, such parent shall not be considered part of the assistance unit for computation of the grant. The Department shall consider the parent to be out of the home for the purpose of deprivation.

3. A single parent has adopted a child.

4. The child's mother and putative father both dispute paternity, and there is no documentation to substantiate paternity.

5. The parents have joint legal or physical custody of the child, but the child resides with 1 parent more than 50% of the time.

D. When a child satisfies the conditions set forth in subsection (B), the following circumstances shall not automatically preclude a finding of deprivation:

1. A stepparent, substitute parent, parental co-habitant, or person other than the child's parent resides in the child's home;

2. The child's home is considered unsuitable because of neglect, abuse, or exploitation;

3. The parent or NPCR refuses to cooperate with the Department regarding child support enforcement or collection activities;

4. The absent parent visits the child; or

5. The mother and father of the child have some form of on-going contact or relationship.

E. The circumstances listed in this subsection do not constitute deprivation by continued absence.

1. The parent is voluntarily absent to visit friends or relatives, to seek employment, to maintain a job, to attend school or training, so long as the parent in the home and the absent parent do not regard themselves as separated.

2. The parent is absent solely to serve active military duty.

3. The parents maintain separate dwellings but consider themselves part of a single home or family unit.

4. One parent is deliberately absent from home in order to qualify the remaining family members for benefits.

F. A child is deprived if either parent of the child is deceased and the child has not been adopted. The applicant or recipient shall provide the Department with documentation verifying a death.

G. A child is deprived if either parent has a physical or mental defect, illness, or impairment that:

1. Substantially decreases or eliminates the parent's ability to support or care for the child, and

2. Is expected to last for a minimum of 30 continuous days.

H. A child is deprived when the primary wage earning parent is unemployed if the assistance unit meets all the requirements set forth in R6-12-609.

Ariz. Admin. Code § R6-12-310

Adopted effective November 9, 1995 (Supp. 95-4). Amended effective July 31, 1997, under an exemption from the provisions of A.R.S. Title 41, Chapter 6 (Supp. 97-3).

The following Section was amended under an exemption from the provisions of A.R.S. Title 41, Chapter 6, pursuant to Laws 1997, Ch. 300, § 74 (A). Exemption from A.R.S. Title 41, Chapter 6 means the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review and approval; and the Department was not required to hold public hearings on this Section.