Utah Administrative Code
Topic - Health
Title R414 - Integrated Healthcare
Rule R414-302 - Eligibility Requirements
Section R414-302-5 - Deprivation of Supports
Universal Citation: UT Admin Code R 414-302-5
Current through Bulletin 2024-06, March 15, 2024
(1) The department implements the definition of dependent child found in 42 CFR 435.4.
(2) A child who lives with two parents may not receive support if at least one parent is working less than 100 hours a month.
(3) The department may not deprive a child of support under Subsection (2) if a child 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 considered incapacitated if the parent meets one of the following criteria:
(a) the parent receives Social
Security Income;
(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)
(i) the parent provides written documentation
completed by a medical professional engaged in the practice of mental health
therapy, that states the parent is incapacitated and the incapacity is expected
to last at least 30 days.
(ii) The
medical report must also state that the incapacity substantially reduces the
parent's ability to work or care for the child.
(iii) Full-time employment, however,
nullifies the parent's claim of incapacity. The written documentation must be
completed by one of the following medical professionals:
(A) Medical Doctor (MD);
(B) Doctor of Osteopathy (DO);
(C) Advanced Practice Registered Nurse
(APRN);
(D) Physician Assistant
(PA); or
(E) Mental Health
Therapist who is either a psychologist, licensed clinical social worker,
certified social worker, marriage and family therapist, or professional
counselor.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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