Eligibility for caregiver services:

1. (1) Family caregivers who are adult family members or other individuals providing informal in-home and community care to an older individual (sixty (60) years of age or older) who is frail and determined to be functionally impaired because of:

   1. (A) An inability to perform at least two (2) activities of daily living without substantial human assistance, including:

      1. (i) Verbal reminding;
      2. (ii) Physical cueing; or
      3. (iii) Supervision; or
   2. (B) Due to cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to others;

2. (2) In the case of a family caregiver of an older individual, respite care and supplemental services under AFCSP shall be provided only if the care recipient is functionally impaired and meets either of the following conditions:

   1. (A) An inability to perform at least two (2) activities of daily living without substantial human assistance, including:

      1. (i) Verbal reminding;
      2. (ii) Physical cueing; or
      3. (iii) Supervision; or
   2. (B) Due to cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to others; and

3. (3) Services may be provided by grandparents or older individuals who are a relative caregiver of a child by blood, marriage, or adoption who is fifty-five (55) years of age or older, and who:

   1. (A) Lives with the child;
   2. (B) Is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and
   3. (C) Has a legal relationship to the child, such as legal custody or guardianship, or is raising the child informally.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “1-1-17” "AFCSP" means Arkansas Family Caregiver Support Program.