Current through September 24, 2024
(1) A child may be
considered to be deprived of parental support/care when at least one of two
parents living in the home is incapacitated. Incapacity is deemed to exist when
one parent has a physical or mental defect, illness or impairment. The defect,
illness or impairment must be:
(a) Supported
by competent medical testimony;
(b)
Of such a debilitating nature as to reduce substantially, or eliminate the
parent's ability to support or care for the otherwise eligible child;
and
(c) Expected to last for a
period of at least 30 days.
Note: In making the determination of ability to support the
Department of Human Services shall take into account the limited employment
opportunities for handicapped individuals.
(2) Incapacity shall be determined as
follows:
(a) Current receipt by the parent of
RSDI or SSI benefits based upon disability or blindness is acceptable proof of
incapacity for Families First purposes. However, eligibility for RSDI or SSI
benefits is not necessary to prove incapacity. Incapacity for Families First
purposes does not require that a defect, illness, or impairment be as severe,
or last as long as required for establishing disability or blindness for RSDI
or SSI purposes;
(b) Obvious
incapacity can be approved in the county office for a period of up to 12
months;
(c) Receipt by the
incapacitated person of VA 100% disability benefits based on his/her
disability;
(d) Receipt by the
incapacitated person of Black Lung benefits based on his/her own condition;
or
(e) All other claims of
incapacity must be forwarded to the Medical Evaluation Unit (MEU).
(3) Review/Redetermination of
Incapacity-Six-month Review/Redetermination. The RSDI/SSI disability status
must be reverified at each six month case review. When the parent's RSDI/SSI
payment is terminated and the parent claims continued Families First
eligibility based on incapacity, it will be necessary to establish incapacity
through the Medical Evaluation Unit (MEU). Terminated RSDI/SSI individuals may
continue eligible as incapacitated while the necessary information is being
secured and submitted to the MEU. If the client fails to cooperate without good
cause or refuses to cooperate, the case must be closed.
(4) Periods of Incapacity for Families First.
(a) The period of incapacity established by
the Medical Evaluation Unit (MEU) is subsequent to the period of incapacity
approved by the county. Verification of continued incapacity must be made at
the end of the MEU approval period if continued incapacity is
claimed.
(b) On
applications/reapplications denied by the MEU but approved on the local level,
the MEU's decision of nonapproval is effective at the end of the approval
period made by the county. The case will then be closed by the county office
without being resubmitted to the MEU unless additional new medical information
is available.
(c) For an active
incapacity case denied by the MEU, the case will be closed as soon as adverse
notification procedures permit.
(d)
If there is any indication the client is no longer incapacitated, the complete
medical file will be resubmitted to MEU with current medical-social information
including the facts which indicate that incapacity no longer exists.
Authority: T.C.A. §§
4-5-201 et seq., 71-1-105, Public
Acts of 1996, Chapter 950, and
45 CFR
233.90, § 1115 of the Social Security
Act.
