Certification.—
(A) Procedures.—
(A)Procedures.—#
(i) In general .— Subject to clause (ii), a person shall be certified for participation in accordance with general procedures prescribed by the Secretary.
(ii) Breastfeeding women .— A State may elect to certify a breastfeeding woman for a period of 1 year postpartum or until a woman discontinues breastfeeding, whichever is earlier.
(iii) Children .— A State may elect to certify participant children for a period of up to 1 year, if the State electing the option provided under this clause ensures that participant children receive required health and nutrition assessments.
(A)(i)In general .—#
Subject to clause (ii), a person shall be certified for participation in accordance with general procedures prescribed by the Secretary.
(A)(ii)Breastfeeding women .—#
A State may elect to certify a breastfeeding woman for a period of 1 year postpartum or until a woman discontinues breastfeeding, whichever is earlier.
(A)(iii)Children .—#
(B)#
A State may consider pregnant women who meet the income eligibility standards to be presumptively eligible to participate in the program and may certify the women for participation immediately, without delaying certification until an evaluation is made concerning nutritional risk. A nutritional risk evaluation of such a woman shall be completed not later than 60 days after the woman is certified for participation. If it is subsequently determined that the woman does not meet nutritional risk criteria, the certification of the woman shall terminate on the date of the determination.
(C)Physical presence.—#
(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.
(C)(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.
(C)(ii)
(D)Income documentation.—#
(i) In general .— Except as provided in clause (ii), in order to participate in the program pursuant to clause (i) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of family income.
(ii) Waivers .— A State agency may waive the documentation requirement of clause (i), in accordance with criteria established by the Secretary, with respect to— (I) an individual for whom the necessary documentation is not available; or (II) an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.
(D)(i)In general .—#
Except as provided in clause (ii), in order to participate in the program pursuant to clause (i) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of family income.
(D)(ii)Waivers .—#
A State agency may waive the documentation requirement of clause (i), in accordance with criteria established by the Secretary, with respect to—
(I) an individual for whom the necessary documentation is not available; or
(II) an individual, such as a homeless woman or child, for whom the agency determines the requirement of clause (i) would present an unreasonable barrier to participation.
(E)Adjunct documentation .—#
In order to participate in the program pursuant to clause (ii) or (iii) of paragraph (2)(A), an individual seeking certification or recertification for participation in the program shall provide documentation of receipt of assistance described in that clause.
(F)Proof of residency .—#
An individual residing in a remote Indian or Native village or an individual served by an Indian tribal organization and residing on a reservation or pueblo may, under standards established by the Secretary, establish proof of residency under this section by providing to the State agency the mailing address of the individual and the name of the remote Indian or Native village.