Physical presence.—
(i) In general .—
(i)In general .—#
Except as provided in clause (ii) and subject to the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 794 of title 29 , each individual seeking certification or recertification for participation in the program shall be physically present at each certification or recertification determination in order to determine eligibility under the program.
(ii)Waivers .—#
If the agency determines that the requirement of clause (i) would present an unreasonable barrier to participation, a local agency may waive the requirement of clause (i) with respect to—
(I) an infant or child who— (aa) was present at the initial certification visit; and (bb) is receiving ongoing health care;
(II) an infant or child who— (aa) was present at the initial certification visit; (bb) was present at a certification or recertification determination within the 1-year period ending on the date of the certification or recertification determination described in clause (i); and (cc) has one or more parents who work; and
(III) an infant under 8 weeks of age— (aa) who cannot be present at certification for a reason determined appropriate by the local agency; and (bb) for whom all necessary certification information is provided.
(ii)(I)#
an infant or child who—
(aa) was present at the initial certification visit; and
(bb) is receiving ongoing health care;
(ii)(I)(aa)#
was present at the initial certification visit; and