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(1) the department finds that
(A) the recipient’s current physical or behavioral condition places the recipient at risk of institutionalization or incarceration if additional day habilitation services are not provided;
(B) the recipient’s support plan and records indicate that the recipient has a critical need for additional day habilitation services because of one or more of the following:
(i) the recipient has an acute or degenerative physical condition that necessitates participation in activities to maintain or improve that condition that are available only in the community;
(ii) the recipient exhibits behaviors that create a risk of physical harm to the recipient or others that can only be mitigated by the development of skills related to appropriate behavior in the community;
(iii) the recipient’s one-to-one support provider under 7 AAC 130.267 was recently terminated, and the recipient needs to learn skills required for living successfully in the community; or
(iv) the recipient’s release from an intermediate care facility for individuals with intellectual disabilities or the criminal justice system within the current or prior support plan year increases the need for additional day habilitation services for teaching or training skills for community integration; and
(C) the recipient’s medical, social, educational, or other records support the recipient’s need for, and capacity to engage in and benefit from, additional active teaching or training; those records include the following:
(i) the current and prior year assessments under 7 AAC 130.213;
(ii) the current and prior year support plans;
(iii) records maintained under 7 AAC 105.230(d);
(iv) direct service case notes;
(2) the request for additional day habilitation services is submitted in a recipient’s support plan that
(A) describes how the recipient’s physical or behavioral condition and one or more of the circumstances in (1)(B) of this subsection justify additional services;
(B) identifies goals related to the skills specified in (b)(3) of this section and explains why additional services in a day habilitation setting are necessary to reach the recipient’s goals;
(C) lists interventions used or in use to address the recipient’s condition and