WAG 03-05-04-b: Non-legal Separation (Desertion)

When a child's parent is absent, and there is no legal action pending against the parent, accept the caretaker relative's statement that the parent is absent. Accept the caretaker's statement unless one of the factors in Criteria "A", or 4 of the factors in Criteria "B" exists.

Criteria "A"

• The caretaker and absent parent currently own a joint bank account and both parties are either making deposits to, writing checks on, or otherwise making withdrawals from the account.
• The caretaker and absent parent have obtained a joint loan within the past 2 months and the loan was made after the reported date of separation.
• The absent parent is receiving regular payments such as, Social Security, Unemployment Compensation, pension, at the unit's address.

Criteria "B"

Accept the caretaker's statement unless 4 of the following situations occurred after the reported date of separation.

• The absent parent filed either a federal or state income tax return using the unit's address.
• The absent parent purchased motor vehicle license plates using the unit's address.
• The absent parent renewed their driver's license using the unit's address.
• The absent parent's employer's records show the employee's address to be the unit's address.
• The absent parent obtained a loan using the unit's address.
• Public utility company records show that service was started at the unit's address using the absent parent's name.
• The U.S. Postal Office verifies that the absent parent is using the unit's address as their own.
• Bank or currency exchange records includes a statement that the absent parent's address is the same as the unit's address.
• Statements from neighbors and/or relatives indicate that the absent parent lives with the unit.
• Voter registration records show that the absent parent voted using the unit's address.
• Any other proof that the absent parent has used the unit's address as their own address.

Request for Additional Proof that Parent Is Absent

1. (FCRC) If one of the factors in Criteria "A", or 4 of the factors in Criteria "B" exists, ask the client to provide additional proof that the absent parent is not in the home. The client does not have to prove where the absent parent actually lives, just that the parent is not in the home.
2. (Client) Provides additional proof that the parent is not in the home. Additional proof includes, but is not limited to:
   • statements from the client's landlord or neighbors;
   • statements from the absent parent's landlord or neighbors;
   • the absent parent's lease or rent receipts;
   • mail to the absent parent at another address;
   • statements from friends or relatives;
   • the absent parent's military or job record;
   • other official records such as car registration; driver's license or tax return; or
   • letters from employers, the post office, or the Social Security Administration.

     Review of Additional Proof that Parent Is Absent 

3. (FCRC) If the client provides additional proof, determine if the parent is absent, or in the home, based on a review of all available information.

   Consider each item of information used by both the Family Community Resource Center and that provided by the client, as to how much it tends to prove that the absent parent is or is not in the home. Factors to consider include: 

   • the relationship between the client and the person providing the proof,
   • whether more recent information tends to cancel out an older item of proof, and
   • the types of information being considered.

   The FCRC must evaluate all the available information, and make a decision as to whether all the information taken together proves it is more likely that the absent parent is or is not in the home.

   When the FCRC becomes aware of factors that indicate a reported absent parent lives with the unit, attempt to establish the absent parent's presence in the home using the above process. 

4. (FCRC) Determine ongoing eligibility, including the parent, if it is established that the absent parent lives with the unit.

Referral to Bureau of Investigations

1. (FCRC) If the investigation does not prove the absent parent's presence in the home, but the FCRC still believes the parent is there, refer the case to the Bureau of Investigations (BOI) via memo. Include in the memo:
   • case name, address and case number;
   • name of the reported absent parent;
   • the reason(s) the FCRC suspects the parent's presence in the home; and
   • a description of the LO's efforts and results for each of the factors listed above.
2. (BOI) Evaluates the referral information to determine if further investigation is warranted.