Rule 23-102-8.7 - Temporary Absence from the HomeA. The temporary absence of the parent, other adult caretaker or the child from the home does not affect the eligibility determination, provided the absent member does not establish a home elsewhere and the reasons for the absence is temporary.B. In addition, the adult must retain legal responsibility for the child during the absence. The case must be documented with the reason for separation, the approximate duration and plan for the child or adult to return to the home.C. The following situations are considered temporary absences:1. Either the adult or child is temporarily out of the home receiving care or treatment in a medical facility, such as a hospital, a maternity home or drug treatment facility;.2. Either the adult or child is out of the home for a visit;a) Example: A child spending a summer vacation with his non-custodial parent, who lives in MS or out-of-state;3. Either the adult or child is out of the home to attend school or training;a) Example: The child is in Job Corps or the parent is attending college;4. The adult works away from home and retains responsibility for the child, even though day-to-day care is delegated to someone else;5. The child is in a juvenile facility that is not a state institution and the qualified relative retains legal responsibility for the child even though the facility has physical custody;6. The child is in a Psychiatric Residential Treatment Facility (PRTF);7. Absence of parent(s) due to fulfilling a military obligation;a) A legal parent who is away from home on military duty is considered part of the budget group unless there is abandonment of the family. Benefits will not authorized for the person away on military duty.D. Any family member who is residing elsewhere permanently cannot be considered temporarily absent.23 Miss. Code. R. 102-8.7
42 CFR §435.601(a); 42 CFR §435.601(b) (Rev. 1993).