10A NCAC 23E .0104       DEPRIVATION

Deprivation shall be due to:

(1)           Death of either parent.

(2)           Physical or mental incapacity of either parent based on a physical or mental defect, illness, or impairment of such a debilitating nature as to reduce or eliminate the parent's ability to support or care for the otherwise eligible child; provided, that the defect, illness, or impairment shall be expected to last for at least 30 days.

(3)           Continued absence of parent for reason other than death or hospitalization, of not more than 12 months, and this absence interferes with the child's receipt of maintenance, physical care, or guidance from his parent and precludes the parent's being counted on for support or care for the child.  Such continued absence may be due to any of the following:

(a)           Divorce;

(b)           Separation;

(c)           Desertion or abandonment;

(d)           Absence from the home for treatment or medical care and the expected duration of the absence will exceed 12 months; and

(e)           Incarceration in an institution.

Temporary absence of the payee relative or of the child from the home shall not affect eligibility, if the absent member of the household has not established another abode of a permanent nature, and the reasons for absence indicate that the absence will be temporary.  A child may be temporarily absent from the home for various reasons, but the responsible relative shall have a plan documented in the record for bringing the child back into the home when the need for his absence has passed. The exercise of parental control and guidance by the relative, rather than the physical presence of the relative or the child in the home, shall be the important factor to be considered.

(4)           Parents living together and not married to each other where the putative father's duty to support the child has not been established.

(5)           Unemployed Status for Two-Parent Families.  The child shall be deprived if both parents are in the home and:

(a)           The parents are eligible for Medicaid because countable income is equal to or less than the appropriate categorically needy income limit as defined in Rule .0203(e) of this Subchapter; or

(b)           The parents are eligible for Medicaid under medically needy eligible criteria by virtue of meeting a deductible based upon income which exceeds the appropriate income limit as defined in Rule .0203(e) of this Subchapter.

 

History Note:        Authority G.S. 108A-28; 108A-54; 42 C.F.R. 435.510; 89 CVS 922;

Eff. September 1, 1984;

Amended Eff. October 1, 1991; August 1, 1990;

Temporary Amendment Eff. August 5, 1999;

Amended Eff. March 19, 2001;

Transferred from 10A NCAC 21B .0304 Eff. May 1, 2012.