Or. Admin. Code § 413-100-0150 - Determining Parental Deprivation

Deprivation of parental support in relation to the removal home exists in any of the following circumstances:

(1) Either parent of a child is deceased.

(2) One or both parents are absent from the home as described by one of the following:

(a) One or both parents are out of the home, and the nature of the absence is such as to either interrupt or terminate the parent's functioning as a provider of maintenance, physical care, or guidance for the child;

(b) There is evidence of continued absence of more than 30 days; or

(c) There is a predictable absence due to divorce, legal separation, incarceration, or other verified and documented circumstances.

(3) Physical or mental incapacity based on one of the following:

(a) One or both parents receive SSI.

(b) One or both parents receive Social Security Benefits based on disability or blindness; or

(c) One or both parents have a physical or mental defect, illness, or impairment that is expected to last at least 30 days, is supported by competent medical testimony, and substantially reduces or eliminates the parent's ability to support or care for the child.

(4) One or both parents are unemployed and the eligibility unit meets the AFDC need criteria.

Notes

Or. Admin. Code § 413-100-0150

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 1-1997, f. 2-18-97, cert. ef. 3-1-97; SOSCF 20-2000(Temp), f. & cert. ef. 8-11-00 thru 2-6-01; SOSCF 4-2001, f. & cert. ef. 2-7-01; CWP 30-2003(Temp), f. & cert. ef. 9-2-03 thru 2-28-04; CWP 2-2004, f. & cert. ef. 2-10-04; CWP 14-2007, f. & cert. ef. 8-1-07; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 14-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 32-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 26-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018; CWP 103-2018, amend filed 09/06/2018, effective 9/6/2018

Statutory/Other Authority: ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 409.050, ORS 418.005, ORS 409.010 & ORS 412.144