CalWORKs Temporary Absence Provisions

Reference: MPP §§47-200, 82-812

This ACIN addresses how to evaluate temporary absence when a parent or caretaker relative is hospitalized due to mental health or substance abuse problems.

A parent or caretaker relative may be considered temporarily absent although hospitalized due to mental health or substance abuse problems if he/she meet the requirements of MPP §82-812. Per MPP §82-812.5, a member of the AU shall be considered temporarily absent from the home if the absence is for one full calendar month or less.

MPP §82-812.63 establishes an exception to the one full calendar month rule. A person such as a parent or caretaker relative who is hospitalized may be considered temporarily absent for the duration of the hospital stay. This ACL establishes that hospitalization includes a medical hospital, a psychiatric care facility, or drug and/or alcoholic treatment facility.

The parent or caretaker relative who is hospitalized must meet other factors to be considered temporarily absent. These factors include: an intent to return home, an ability to return home and continuing to exercise primary responsibility for the care and control of the child. Some factors to consider in determining whether the parent or caretaker relative is exercising care and control are listed at MPP §82-808.3 and include:

• Deciding where the child attends school or child care;
• Dealing with the school on educational decisions;
• Controlling the child's participation in extracurricular and educational activities;
• Arranging dental and medical care services;
• Claiming the child as a tax dependent;
• Purchasing and maintaining the child's clothing.