R414-302-5. Deprivation of Supports

  (1) The Department adopts and incorporates by reference the definition of "dependent child" found in 42 CFR 435.4, October 1, 2012 ed.

  (2) A child who lives with two parents is deprived of support if at least one parent is working less than 100 hours a month.

  (3) A child is not considered deprived of support if any of the following situations is true:

  (a) The parent is absent because of military service;

  (b) The parent is absent for employment, schooling, training or another temporary purpose;

  (c) The parent will return to live in the home within 30 days from the date of the application;

  (d) The parent is the primary child care provider and care is frequent enough that the child is not deprived of support, care and guidance.

  (4) A parent is incapacitated if the parent meets one of the following criteria:

  (a) The parent receives SSI;

  (b) The parent is recognized as 100% disabled by the Veteran's Administration;

  (c) The parent is determined disabled by the State Medicaid Disability Office or the Social Security Administration;

  (d) The parent provides written documentation completed by a medical professional engaged in the practice of mental health therapy, which states that the parent is incapacitated and the incapacity is expected to last at least 30 days. The medical report must also state that the incapacity substantially reduces the parent's ability to work or care for the child. Full-time employment, however, nullifies the parent's claim of incapacity. The written documentation must be completed by one of the following medical professionals:

  (i) Medical Doctor (MD);

  (ii) Doctor of Osteopathy (DO);

  (iii) Advanced Practice Registered Nurse (APRN);

  (iv) Physician Assistant; or

  (v) Mental Health Therapist who is either a psychologist, licensed clinical social worker, certified social worker, marriage and family therapist, professional counselor, MD, DO, or APRN.