F. Deprivation Due To Absence        

 

Deprivation Due to Absence

Deprivation due to continued absence is determined to exist when the natural or adoptive parent resides separately from the child.

 

Definition of Continued Absence

Continued absence exists when the natural or adoptive parent is physically absent from the home and that absence results in an interruption or termination of the parent’s parental responsibilities (functioning as a provider of maintenance, physical care, or guidance by planning for the present support and care of the child).

 

 

 

Circum-stances Meeting the
Definition of
Continued Absence

The physical absence of the parent from the home and any one of the following circumstances will meet the definition of continued absence:

 

·  The parents are not married to each other and have never maintained a home together.

 

·  The absent parent (AP) is not legally able to return to the home due to confinement in a penal or correctional facility.

 

·  The AP has been deported, or voluntarily left the country due to the threat of or knowledge that he/she is subject to deportation.

 

·  The AP has filed for or retained legal counsel for the purpose of filing for a dissolution, an annulment or a legal separation.

 

·  The court has issued an injunction forbidding the AP from visiting the other parent or child.

 

·  Both parents are physically absent from the home and their whereabouts are unknown.

 

 

Instances of “Continued Absence”

“Continued absence” must be determined to exist:

 

·  Even if the parent remains in contact with the child through regular and frequent visits, or 

 

·  When the child lives with each parent for alternating periods of time, or

 

·  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

 

Parent Away
on Active
Military Duty

"Continued Absence" does not exist when a parent is absent for the sole reason of performing active duty in the uniformed services of the United States.

 

Uniformed services of the United States mean the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration and the Public Health Service of the United States.

 

When an individual provides appropriate evidence to establish that continued absence would exist irrespective of the parent's performance of active duty in the uniformed service of the United States, continued absence shall be considered to exist.