23 Miss. Code. R. 102-8.4 - Continued Absence

A. Continued absence exists when a parent does not live in the home with the child as the result of divorce, legal separation, desertion, incarceration, long term hospitalization, institutional care, court-ordered removal of the child from the home or because paternity has not been established.

B. Deprivation is also established if the parent is convicted of an offense and sentenced to perform unpaid public work or community service during working hours and is allowed by the court to live at home.

C. However, deprivation does not exist when a parent lives at an address separate and apart from the child, and:

1. The parent is out of the home solely to seek or accept employment or

2. The parent is out of the home solely due to active duty in the uniformed service of the United States.

Notes

23 Miss. Code. R. 102-8.4

42 CFR §435.601(a); 42 CFR §435.601(b) (Rev. 1993).