1. (a) The non-Supplemental Security Income child or children must:

   1. (1) Be under eighteen (18) years of age; and
   2. (2) Live in the home of a parent or other adult caretaker who is in a specified degree of relationship to the child.
2. (b) ”Home” means the family setting maintained or in the process of being established, as evidenced by the assumption and continuation of responsibility for the day-to-day care of the child by the relative.

3. (c) A child is considered to be living with a parent or other relative even though:

   1. (1) The child is under the jurisdiction of a court (receiving probation services or protective supervision);
   2. (2) Legal custody is held by an agency or other individual provided, though, the child is physically residing with the applicant;
   3. (3) The child or adult is hospitalized provided that, upon release, the child or adult will return to the home of the applicant; or

   4. (4)

      1. (A) The child or adult is otherwise temporarily absent from the home not to exceed forty-five (45) consecutive days.
      2. (B) See subsection (d) of this section.

4. (d) Note.

   1. (1) The intent of the temporary absence provision above (subdivision (c)(4) of this section) is to continue assistance to a family during short periods of time in which the adult or child may not be in the usual family setting, e.g., a child may visit the noncustodial parent for up to forty-five (45) days.
   2. (2) It is not intended to provide assistance to an adult on behalf of a child who, on a regular basis, lives in another adult’s home the majority of the time, e.g., resides with another relative during the week to enable either the child or parent to attend school in another location.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “07/01/97”