New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 69 - AFDC-RELATED MEDICAID › Subchapter 3 - ESTABLISHING PROGRAM ELIGIBILITY IN AFDC-RELATED MEDICAID › Section 10:69-3.16 - Continued absence of parent from the home

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The CWA
				shall make every reasonable effort to locate an absent parent in order to
				obtain support payments. An absent parent shall be given the opportunity to
				voluntarily support his or her child, but it shall be explained to both parents
				that the extent of support shall be established by the court.
(b) Each applicant and beneficiary is
				required to cooperate in obtaining support and establishing paternity whenever
				necessary as a condition of eligibility for AFDC-related Medicaid.
(c) "Continued absence from the home" (see
				N.J.A.C.
				10:69-2.9(d) ) may be for
				any reason. The following are some of the ways to establish absence:
1. Documentary proof of divorce, pending
				divorce, or separation agreement (that is, official legal documents, court or
				attorney records or newspaper accounts) may be indicative of "continued absence
				from the home" but shall be verified and documented in the case file.
2. A parent shall be considered absent from
				the home during a period of incarceration. There is a possible situation that a
				parent whose imprisonment is expected to be of short duration may also be
				"incapacitated." Where this appears to be so, consideration shall be given to
				possible eligibility under the "incapacity" factor rather than the "absence"
				factor.
i. Evidence to substantiate "absence"
				when a parent is incarcerated in the State penal or correctional institution
				shall be secured by use of Forms PA-17B and PA-17C. When the "tear sheet" has
				been returned and the date of release determined, the CWA shall immediately
				redetermine the basis of continued eligibility and note it in file.
ii. With regard to the absent parent's
				incarceration in a county or municipal jail, the CWA shall need to develop a
				procedure in cooperation with each jail within its jurisdiction regarding
				exchange of information both at time of initial AFDC-C application and at time
				of release of incarcerated parents. PA-17B and PA-17C are not appropriate and
				shall not be used for local jails. Procedures established by the CWA with
				regard to county and municipal jails may vary from a formal procedure to
				personal telephone contacts or visits, provided the information required is
				obtained and acceptable to the CWA. In situations where the absent parent is
				incarcerated in another county, it is recommended that the CWA of such county
				be consulted regarding its method for contacting county and municipal jails and
				a mutually agreeable decision made as to which county will contact the
				jail.
3. A parent who is
				a convicted offender but is permitted to live at home while serving a
				court-imposed sentence by performing unpaid public work or unpaid community
				service during the workday is considered absent from the home. The CWA shall
				verify such court-imposed sentence and document its findings in the case record
				prior to case validation.
i. Such parent
				shall not be eligible for AFDC-related Medicaid benefits.
ii. Income, if any, of such a parent shall be
				treated in accordance with N.J.A.C. 10:69-10.
iii. For child support and paternity
				purposes, the family is considered to be intact and is not subject to the CSP
				process.
4. A parent who
				has been deported from the United States shall be considered "continuously
				absent from the home." There must be proof of the deportation by inspection of
				an official notice or statement in possession of the applicant, or by obtaining
				written confirmation from the Immigration authorities. The information should
				include the date and conditions of deportation. The current address of the
				deported parent and his or her circumstances should also be obtained from the
				applicant parent, if known, and noted in the eligibility file.
5. A parent who is separated from his or her
				family because of uniformed service shall not be considered "continuously
				absent from the home" if such absence is occasioned solely by reason of active
				uniformed service. If, however, continued absence would exist irrespective of
				performance of uniformed service (for example, desertion of the family before
				or after entry into uniformed service or divorce), eligibility for AFDC-C may
				be established. Such findings shall be noted in the eligibility file.
i. When a parent serving in the uniformed
				services is not continuously absent from the home, the family may be eligible
				under the AFDC-F or-segment.
ii.
				"Uniformed service" is defined to mean the Army, Navy, Air Force, Marine Corps,
				Coast Guard, Environmental Sciences Services Administration, Public Health
				Service of the United States, and the National Guard.
6. When a parent is temporarily absent in
				order to receive treatment for a mental or physical illness, defect or
				impairment, the family should be considered under the incapacity
				factor.
7. When the natural parents
				of a child are not married to each other and one lives apart from the children,
				a continuing relationship between the parents is not of itself evidence of a
				continuing relationship with the children. When there is no evidence of a
				continuing relationship between the absent parent and child(ren), "continuous
				absence" applies.