Incapacity of a Caretaker/Child 400-28-35-15

(Revised 2/1/2024 ML #3768)

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In a household with one caretaker, child care can be allowed when:

The caretaker is disabled or physically, mentally, or emotionally incapable of providing care.

A child within the household is unable to attend child care due to the child being disabled or physically, mentally, or emotionally incapable of receiving care by someone other than the caretaker, however there is a need for other children within the household to attend a child care setting outside of the home.

In a household with two caretakers, child care can be allowed when:

One of the caretakers is in an allowable activity.

The other caretaker is disabled or physically, mentally, or emotionally incapable of providing care.

A child within the household is unable to attend child care due to the child being disabled or physically, mentally, or emotionally incapable of receiving care by someone other than the caretaker, however there is a need for other children within the household to attend a child care setting outside of the home, while one caretaker remains with the child that is unable to attend child care.

Verification of the caretaker’s incapacity must be obtained from the caretaker’s physician, psychologist, health care or other qualified professional or from the Social Security Administration. The verification can indicate that the caretaker is unable to care for the child(ren) or indicate the parents inability to be in an otherwise allowable activity. Verification of the child that is unable to attend a child care setting, and the need for the other children in the home to be in a child care setting must be provided. This information must be submitted to the CCAP State Determination Team for a decision. The CCAP State Determination Team will render a decision and notify the eligibility worker if the request has been approved or denied. If approved, the CCAP State Determination Team will determine the length of the approval.

Approval of allowable child care hours may be limited to the number of days and hours per week recommended by the medical professional.

In order for eligibility based on incapacity to continue, the caretaker will need to submit current documentation of the incapacity before the end of the approval period determined by the CCAP State Determination Team, or at the time of review, whichever is first. This information must be submitted to the CCAP State Determination Team for a decision.

At the time it is determined the caretaker is no longer incapacitated and there is not a known allowable activity which continues, the household must be allowed three months of continued assistance before CCAP can close. The three months of continued assistance begins in the month following the month of the closure.