Current through Register Vol. 56, No. 18, September 16, 2024
(a) Since eligibility in AFDC-C is based on
the fact that the needy child has been deprived of parental support or care by
reason of the death, continued absence from home, or mental or physical
incapacity of a natural or adoptive parent, it is necessary to reevaluate these
factors in determining continuing eligibility. A family may continue to be
eligible for AFDC-C although the original reason for "deprivation" has changed.
This may occur when an absent parent dies or, although returned to the home, is
incapacitated. Such change in status shall be appropriately noted in the case
record.
(b) When eligibility is
based on deprivation of parental support or care by reason of the continued
absence of a parent, the evaluation of continued eligibility shall include a
determination that the absence still exists and, if not, whether there is
another basis for eligibility.
(c)
The following concern incapacity status for a natural or adoptive parent:
1. There shall be redetermination that
"incapacity" exists in every case in which the eligibility of the family is
based on the incapacity of a natural or adoptive parent.
2. The Disability Review Section, Division of
Medical Assistance and Health Services shall designate the review date for the
CWA. "Incapacity" shall be considered as continuing until the Disability Review
Section officially determines that such incapacity no longer exists. The
eligibility worker shall prepare Form DRS-2A, Interim Medical-Social Report,
for the redetermination review. The CWA shall maintain controls on review dates
so that any specific medical information or reports requested by the Disability
Review Section may be obtained. In addition, the Disability Review Section
shall maintain a control file in order to ensure appropriate and timely
reevaluation by that Section. The Disability Review Section will notify CWAs
one month in advance of cases scheduled for such review by means of Form
DRS-5.
3. In any case in which,
subsequent to a finding of "approved," the incapacitated parent becomes a
beneficiary of Federal disability benefits or SSI benefits for reasons other
than age, this of itself shall be considered conclusive proof of continuing
incapacity, and the CWA shall disregard the "review date" for submittal to the
Disability Review Section.
4. It is
the responsibility of the eligibility worker to submit the record to the
Disability Review Section for special review if available evidence raises
question of continuing incapacity during the interval between redetermination
review dates. The special review shall be requested through use of Form DRS-2A,
Interim Medical-Social Report, together with all material previously
submitted.
(d) When,
subsequent to a finding of "approved" on the "incapacity" factor, the CWA
learns that the parent has obtained full-time employment at normal rate of pay
for a job appropriate to his or her capacity, then incapacity no longer
exists.
(e) The following concern
when an "incapacitated" natural or adoptive parent is in institution:
1. In cases where AFDC-C has been granted on
the basis that a natural or adoptive parent will be receiving care for a
physical or mental illness in a public or private institution, it shall be
necessary for the eligibility worker to check periodically with the family, and
in some cases with the institution, regarding the incapacitated parent's
progress and discharge.
2. As soon
as the date of discharge is known, or if the CWA learns that the parent has
already been discharged to his or her home, the CWA shall submit the required
record material to the Disability Review Section as appropriate to the
situation; that is, if official determination of incapacity had already been
made, the previous record shall be submitted for review with a completed Form
DRS-2A; if the case had not been previously submitted, then a DRS-2 giving
current situation and Form DRS-1 (Examining Physician's Report) shall be
submitted. Whenever practical, the DRS-1 form should be prepared by a staff
physician of the institution.
3. An
abstract of the hospital record may be accepted in place of Form DRS-1, when
the parent is in the hospital or has been released within the past three
months. The client's consent in writing for release of the information shall
accompany the request.
