Deprivation of Parental Support or Care 400-19-45-70

 

Overview 400-19-45-70-05

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-14)

(N.D.A.C. 75-02-01.2-15)

(N.D.A.C. 75-02-01.2-17)

(N.D.A.C. 75-02-01.2-18)

 

In addition to being needy, a dependent child also must be shown to be deprived of both parental support and care. A dependent child is considered deprived of parental support and care when the child has at least one parent who is continually absent from the home, incapacitated, disabled, aged, or deceased. The determination that a child has been deprived of parental support and care is made in relation to the child's natural or adoptive parent whether or not the parents were married to each other.

 

An alleged father who is not married to the child’s mother and who is living in the home cannot be assumed to be the child’s parent unless a "Voluntary Acknowledgment of Paternity (VPA)" form has been completed and filed with the Vital Records Division or paternity has been established in court.  

Note: If the child is born out of wedlock, the VPA form is valid only if both the mother and alleged father sign the form.

 

When eligibility for the TANF benefit is based on the incapacity, disability, or age of one parent, the second parent, if living in the home, is eligible for TANF regardless of marital status.

 

TANF cannot be denied on the basis that conditions in the child's home are believed to be "unsuitable" for the child’s care. Conditions thought by staff to jeopardize the child's best interests shall be brought promptly to the attention of social service personnel.