Assistance to parent or other relative caring for certain persons with mental retardation or related condition or child with certain developmental delays; regulations; final administrative decision.
1. Whenever a person with mental retardation or a related condition is cared for by a parent or other relative with whom he lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:
(a) The person with mental retardation or a related condition has been diagnosed as having profound or severe mental retardation or, if he is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with profound or severe mental retardation or a related condition;
(b) The person with mental retardation or a related condition is receiving adequate care; and
(c) The person with mental retardation or a related condition and the parent or other relative with whom he lives is not reasonably able to pay for his care and support.
ÊThe amount of the assistance must be established by legislative appropriation for each fiscal year.
2. The Division shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The decision of the Division regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
Last modified: February 27, 2006