Deprivation Reasons 400-19-45-70-10

(Revised 1/1/11 ML #3246)

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(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)

 

North Dakota law defines deprivation of parental support or care in terms of the following conditions:

  1. Death of a Parent -- If either parent is deceased, the child is considered deprived;
  2. Continued Absence of a Parent -- The continued absence of either parent from the home constitutes deprivation when all of the following factors are present:
  1. The parent is physically absent from the home; and
  2. The nature of the absence is such as to interrupt or terminate the parent's functioning as a provider of maintenance, physical care, or guidance for the child; and
  3. The known or indefinite duration of the absence prevents relying on the parent to perform their function in planning for the present support or care of the child.

 

If all three of these conditions are met, the parent may be absent for any reason and the parent may have left only recently or sometime previously. Types of parental absence include:

  1. DIVORCE - The legal termination of a marriage.  Continued absence of a parent may be established as the result of divorce.
  2. LEGAL SEPARATION - A lawful arrangement by which a husband and wife agree to live apart but not divorce.  Continued absence of a parent as a result of this arrangement can be established if there was no agreement between the parents to render the family eligible for TANF.
  3. SEPARATION BY MUTUAL CONSENT OR AGREEMENT - The discontinuance of the marital relationship without legal action.   Continued absence of a parent as a result of this arrangement can be established if there was no agreement between the parents to render the family eligible for TANF.
  4. IMPRISONMENT – The incarceration of a parent in a public institution. Continued absence exists only if the parent is sentenced to and/or serves a 30-day or longer term. Any portion of a sentence actually suspended and not served does not count toward the 30-day minimum.

Note: Once a benefit has been issued, deprivation exists for that month even if:

  1. The term served is shortened by order of the court; or
  2. The term actually served is less than the sentence imposed.

If an offender is on day release and does not return home until at least 30 days has elapsed, the parent is considered absent from the household and deprivation exists.

  1. ABANDONMENT - The voluntary and willful desertion by a parent without making adequate provision for the child’s care and support.  Continued absence of a parent may be established when a child is abandoned.
  2. NEVER MARRIED - The parents having never married and who live apart.   Continued absence of a parent may be established as a result of the parents never being married to each other.

 

A parent's contact with their child(ren) need not totally stop in order for continued absence to exist. It is recognized that the absent parent may be an important influence in the life of the child(ren) and contact between the absent parent and child(ren) is consistent with their role of helping to maintain and strengthen family life, as specified in the Act.  Therefore, a continuing relationship between an absent parent and child(ren) cannot be a basis, by itself, for a finding that continued absence does not exist.

 

Occasionally, staff must deal with the complex question of whether or not a parent is actually absent from the home. Complaints from the community sometimes reach the TANF Eligibility Worker claiming that parents who have divorced or separated, or who are alleged to have deserted their families are, in fact, maintaining common living quarters. While these complaints sometimes prove to be valid, staff must guard against the temptation to deny applications or terminate assistance on the basis of hearsay and rumor. The "prudent person" principle requires that all such reports be investigated promptly and objectively. If a thorough investigation reveals that the claim is true, the continued absence requirement is not met.

 

A child placed in the home of a relative in North Dakota by a court or through a voluntary family arrangement may be eligible for TANF in North Dakota, provided all factors of eligibility are met.

  1. Aged Parent – Deprivation exists for purposes of TANF when a household contains two natural or adoptive parents and at least one attains age 65.  
  2. Disabled Parent – Deprivation exists for purposes of TANF when a household contains two natural or adoptive parents and the Social Security Administration determines that one parent meets the disability criteria to be eligible for either Supplemental Security Income (SSI) or Social Security Disability (SSDS) benefits. Eligibility for SSI or SSDS constitutes adequate substantiation of disability for purposes of TANF without submitting SFN 451, Eligibility Report on Disability/Incapacity. In addition, individuals approved under the Workers with Disabilities Program are considered disabled under TANF.

Disability of a parent is used to determine eligibility for a two-parent family with a child(ren) in common. The parent whose disability results in the deprivation of a child's support or care may be either parent. In any disability case, the financial needs of both parents may be included in the TANF benefit even if the parents are not married or, if married, the wife is pregnant and in her third trimester. However, the parents must reside together.

 

The Social Security Administration may review the individual's SSI or SSDS case to determine if disability continues. If the Social Security Administration determines that the individual's disability has ceased, the TANF Eligibility Worker must send the recipient an advance (10-day) notice to close the case.   

Note #1: Since TANF incapacity criteria is less restrictive than Social Security disability criteria, the TANF Eligibility Worker may complete and send SFN 451 along with current medical information to the State Review Team.

 

Note #2: If an individual’s SSI non-pay status remains ‘N01’ or ‘N04’ for one year or longer, the TANF Eligibility Worker must complete and send SFN 451 along with current medical information to the State Review Team.

  1. Incapacitated Parent -- Deprivation exists for purposes of TANF when a household contains two natural or adoptive parents and one is determined incapacitated by the State Review Team. The natural or adoptive parent must have an incapacity which significantly interferes with the parent’s capacity to earn a livelihood or to perform homemaker and/or child care responsibilities. Incapacities of short duration (less than 30 days) do not establish eligibility for TANF.

Incapacity of a parent is used to determine eligibility for a two-parent family with a child(ren) in common. The parent whose incapacity results in the deprivation of a child's support or care may be either parent. In any incapacity case, the financial needs of both parents may be included in the TANF benefit even if the parents are not married or, if married, the wife is pregnant and in her third trimester. However, the parents must reside together. Appropriate referrals should be made to Vocational Rehabilitation Services for either or both parents.

   

The TANF Eligibility Worker is responsible for determining all eligibility factors except for incapacity which is determined by the State Review Team. The State Review Team must rely on current written reports from medical personnel, TANF Eligibility Staff, counselors, etc., to make a decision on incapacity. Therefore, it is important that objective information be submitted. Medical/social information is reported on SFN 451. If incapacity is approved, deprivation exists.  

 

A form letter is used by the State Review Team to report its findings concerning incapacity; the basis for the findings; whether or not a future review of the incapacity is needed; and if so, the date of such a review. A copy of the form letter is sent to the TANF Eligibility Worker and the household.  

 

The TANF Eligibility Worker is responsible to notify the client, in writing, of:

  1. The State Review Team’s decision and recommendations;
  2. Whether or not a future review of the incapacity or disability is needed and, if so;
  3. The date of such a review and information needed to complete that review.

For those required to participate in JOBS, the recommendations made by the State Review Team should be incorporated into the JOBS Employability Plan.

 

Incapacity is established when a parent enters the State Hospital and is expected to remain for a period of 30 days or longer. The incapacity is established for the period of hospitalization without completing SFN 451, Eligibility Report on Disability/Incapacity. The TANF Eligibility Worker needs only to provide the State Review Team with verification that the individual has entered the State Hospital, the date of entry, date of discharge (if known), and the condition being treated. The State Review Team can then make the incapacity decision.  If TANF eligibility is to continue upon the parent's return home, continued incapacity must be established by appropriate reports.

 

A parent receiving treatment in any facility other than the State Hospital must have their incapacity established by the State Review Team before TANF can be authorized. The benefit received in the month of the parent's return to the household will be the final benefit unless continued incapacity is established by the State Review Team.

 

If during a period of incapacity the TANF Eligibility Worker becomes aware that the individual’s incapacity may no longer significantly interfere with the parent’s ability to earn a livelihood or to perform homemaker and/or child care responsibilities, the TANF Eligibility Worker shall issue notification to end eligibility based on incapacity.

 

If incapacity is denied, deprivation does not exist.  The TANF Eligibility Worker is responsible to notify the client, in writing, of the decision and its effect on the TANF benefit.