H. Special Case Situations of Deprivation Due to Absence


Hypolite v. Carleson

The decision in the Hypolite v. Carleson  states that deprivation due to continued absence may exist when the child lives apart from both parents even though the parents are maintaining a home together.  When making this evaluation, it must be determined whether or not the child and his/her parents are still an intact family.  When there has not been a substantial disruption in family ties, which caused the child to live apart from the parents, deprivation due to continued absence does not exist.


Guidelines to “substantial disruption”

The following guidelines are provided as a means of assisting in the determination of where or not a substantial disruption exists:


·  A Children’s Services worker or the courts are involved in the  separation, or


·   The whereabouts of both parents has been unknown for more that one month.


Serious disruption does not include:


·  Parents who are temporarily relocated for employment purposes, or


·   Parents or child is/are on vacation (including an extended vacation), or


·  The separation is for the purpose of attending school.