1. (a) For a child to be considered deprived of parental support or care due to continued absence, one or both parents shall be physically absent from the child for at least 30 continuous days, beginning with and including the day of separation, in conjunction with any one of the circumstances listed below:

   1. (1) The parents are not married to each other;
   2. (2) The parents are divorced or legally separated;
   3. (3) A parent has filed for a divorce, legal separation, or annulment and such application has been pending in the court for at least 30 days;
   4. (4) The court has issued an injunction or restraining order forbidding a parent to visit the spouse or child for at least 30 days, or if for an indefinite period of time, with a reasonable expectation that the order will be in effect for 30 days or more;
   5. (5) The parent(s) is not legally able to return to the home because of confinement in a correctional institution or mental hospital which will continue or is reasonably expected to continue for at least 30 days; or
   6. (6) The parent(s) has deserted the child or there is mutual separation, and the absence of one or both parents has been continuous for at least 30 days.

2. (b) The 30-day continuous absence period shall be applied as follows:

   1. (1) If the 30 days have not elapsed at the time of the initial eligibility determination interview, but the absence is expected to last for 30 days or more, financial assistance shall be initiated prior to the end of the 30-day continuous absence period if all other eligibility factors are met;
   2. (2) The individual shall not be entitled to an assistance payment until 30 days of continuous absence have actually elapsed, and the individual has verified the absence as described in (d) and (e) below;

   3. (3) The 30-day continuous absence period shall not be interrupted if:

      1. a. The absent parent returns home to visit the child; or
      2. b. The parents have attempted reuniting the family within the 30 days or within the temporary adjustment period as defined in He-W 601.08, but this attempt has failed; and

   4. (4) Counting for the 30-day continuous absence period shall begin again if:

      1. a. Reunited parents separate following the termination of the temporary adjustment period; or
      2. b. Deprivation is being determined for a different absent parent.
3. (c) During the temporary adjustment period, financial assistance shall be provided automatically for the month in which the parent returns home and for one full calendar month thereafter unless the individual requests an earlier termination of assistance.

4. (d) The individual shall verify continued absence:

   1. (1) At the initial eligibility determination;
   2. (2) Whenever a new child is being added to the assistance group;
   3. (3) Whenever the individual, absent parent, or third party reports to the department that the absent parent has returned to the home; and
   4. (4) At each subsequent redetermination.

5. (e) To verify continued absence pursuant to (d)(1) - (d)(3) above, the individual shall complete and submit Form 773 “Certification of Continued Absence” (October 2024), including signing and dating the form, certifying the following:

   1. (1) “I understand that the deprivation of parental support and care is a condition of eligibility of Financial Assistance to Needy Families (FANF) cash assistance. I agree to notify the district office immediately if any responsible parent returns to my home”; and

   2. (2) Either:

      1. a. “I certify that the parent(s) named below currently has/have been absent from the home for 30 or more continuous days and the absence is expected to continue”; or
      2. b. “I certify that the parent(s) named below currently has/have been absent from the home for less than 30 continuous days but is/are expected to be absent for 30 or more continuous days”.

6. (f) Pursuant to (d)(4) above, if continued absence pursuant to (e) above was verified at initial certification, and there have been no subsequent changes, the individual shall verify the continued absence of all responsible parents associated with the financial assistance to needy families (FANF) case by:

   1. (1) Attesting to the continued absence of all responsible parents associated with the FANF case; and
   2. (2) Agreeing to immediately notify the department if any responsible parent returns to the home.

Source. (See Revision Note #1 at Chapter Heading He-W 600) #5171, eff 6-26-91; EXPIRED 6-26-97 New. #7084, eff 8-26-99; ss by #8970, eff 8-25-07; ss by #10861, eff 8-25-15; ss by #14107, eff 11-2-24