209.05 Continued Absence of a Parent SR 97-09, 03/97 (FAM-A)

A child is deprived when a parent is physically absent from the home for 30 continuous days beginning with the day of separation. One of the following must also apply:

• the parents are not married to each other,

• the parents are divorced or legally separated,

• a parent has filed for a divorce, legal separation, or annulment,

• the parents have informally separated,

• a parent has deserted or abandoned the child,

• a court has forbidden a parent to return to the home for a period of time that is reasonably expected to continue for at least 30 days,

• a parent is in a correctional institution or mental hospital for a period of time that is reasonably expected to continue for at least 30 days, or

• a parent is involuntarily deported.

In order for deprivation to exist, the family must cease to be a family, or the separation must be involuntary due to reasons such as deportation, commitment to a mental institution or imprisonment. Absence due to employment or military service is not in itself a basis for deprivation. Evaluate these cases individually to determine if there is deprivation using any of the criteria above.