Deprivation Due to Incapacity
(a ) A child shall be considered to be deprived of support or care due to the parent’s physical or mental incapacity when the incapacity is expected to last for at least 30 days, and the parent:
(1) Is eligible for or receiving supplemental security income (SSI) or social security disability income (SSDI) disability benefits;
(2) Provides currently dated documentation from a licensed physician, licensed physician assistant (PA), licensed advanced practice registered nurse (APRN), board-certified psychologist, master licensed alcohol and drug counselor (MLADC), licensed pastoral psychotherapist (LPP), licensed independent clinical social worker (LICSW), licensed clinical mental health counselor (LCMHC), or licensed marriage and family therapist (LMFT) certifying an incapacity of at least 30 continuous days;
(3) Has been determined by the department’s bureau of family assistance (BFA), disability determination unit (DDU) as permanently disabled or blind;
(4) Reapplies for assistance within 90 days of being terminated from a case in which incapacity had been established, provided termination was not related to incapacity or earnings from employment;
(5) Is convalescing after being treated in an institution for the mentally ill, or was discharged within 90 days prior to applying for assistance; or
(6) Is needy and intellectually disabled, has resided in a state-operated intermediate care facility for individuals with intellectual disabilities (ICF/IID), and was officially discharged within 90 days of applying for assistance.