Current through Register No. 40, October 3, 2024
(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) The parents are divorced or legally
separated;
(2) 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;
(3) 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;
(4) The parent 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
(5) The parent 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.
(b) The 30-day continuous absence period
shall be applied as follows:
(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
or medical assistance shall be initiated prior to the end of the 30-day
continuous absence period if all other eligibility factors are met;
(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) The 30 day
continuous absence period shall not be interrupted if:
a. The absent parent returns home to visit
the children; or
b. The parents
have attempted reuniting the family within the 30 days or within the temporary
adjustment period as defined in He-W 601.168,, but this attempt has failed;
and
(4) Counting for the
30-day continuous absence period shall begin again if:
a. Reunited parents separate following the
termination of the temporary adjustment period; or
b. Deprivation is being determined for a
different absent parent.
(c) During the temporary adjustment period,
financial or medical 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.
(d) The individual shall verify continued
absence:
(1) At the initial eligibility
determination;
(2) At each
subsequent redetermination; and
(3)
Whenever the individual, absent parent, or third party reports to the district
office that the absent parent has returned to the home.
(e) To verify continued absence pursuant to
(d) above, the individual shall complete a document provided by the department
which includes all of the following:
(1) His
or her name and signature;
(2)
Certification of current absence that has existed or is expected to exist for
at least 30 continuous days;
(3)
Name(s) of absent parent(s); and
(4) Date of signature.
(See Revision Note 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
The
amended version of this section by
New
Hampshire Register Volume 35, Number 27, eff.8/25/2015 is not yet
available.
