(1) For purposes of ORS 412.001, if a parent does not reside in the home in which the child resides, it shall be assumed that the child is deprived of parental support or care by reason of the continued absence of the parent unless:
(a) The parent visits the child in the child’s home more than four times per week or more than a total of 30 hours per week; and
(b) The functioning of the parent as a provider of maintenance, physical care and guidance is not interrupted or terminated as a result of absence of the parent from the home.
(2) A determination that a needy child is not deprived of parental support or care by reason of the continued absence of a parent shall not be based solely on an award by a court of joint legal custody. [Formerly 418.149]
Section: Previous 412.100 412.104 412.105 412.108 412.109 412.110 412.113 412.114 412.115 412.120 412.124 412.125 412.130 412.139 412.140 NextLast modified: August 7, 2008