37.49.113 IV-E ELIGIBILITY: DEPRIVATION OF PARENTAL SUPPORT
(1) As a condition of IV-E eligibility, a child must be deprived of parental support in the month of eligibility due to:
(a) death of a parent or parents;
(b) continued absence of a parent or parents;
(c) physical or mental incapacity of a parent or parents; or
(d) unemployment of parent.
(2) A child is considered to be deprived of parental support due to the continued absence of a parent if the nature and duration of the absence is such as to either interrupt or terminate the parents functioning as a provider of maintenance, physical care, or guidance for the child.
(a) A parent who is absent solely due to the performance of active duty in the armed services of the United States as defined in 37 USC 101(3) is not considered to be absent.
(3) A child is considered to be deprived of parent support due to physical or mental incapacity if:
(a) the parent has a physical or mental defect, illness, or impairment which has been established through competent medical evidence;
(b) the incapacity is of such a debilitating nature as to reduce substantially or eliminate the parents ability to support or care for the child; and
(c) the incapacity is expected to last at least 30 days.
(4) A child is considered to be deprived of parental support due to unemployment of the primary wage earner if the familys income does not exceed the income standards provided in ARM 37.49.407 for a family of that size.
History: Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201 and 53-6-131, MCA; NEW, 1999 MAR p. 1514, Eff. 7/2/99.