6804.1 The applicant shall demonstrate that he or she is the primary caretaker of the child by providing at least one of the following documents:

1. (a) A court order granting custody of the child to the applicant;
2. (b) A court order granting the applicant standby guardianship of the child, pursuant to D.C. Official Code §§ 16-4801 - 4810; or
3. (c) A decree stating that the applicant has adopted the child.

6804.2 If the applicant is unable to provide any of the documents listed in 29 DCMR § 6804.1(a) through (c), the applicant may demonstrate that he or she has been the primary caretaker of the child by providing documentation required in § 6804.3 and at least one of the following documents:

1. (a) Records showing that the applicant enrolled the child in school the current or previous school year or is the primary educational contact for the child;
2. (b) Immunization or medical records indicating that the applicant is tending to the medical needs of the child. The records provided must be no older than two years old;
3. (c) Proof that the applicant has received either Supplemental Security Income or TANF for the child; or
4. (d) A letter from any legal, medical, military, law enforcement, social service or similar professional, or the applicant's landlord describing the applicant's status relevant to the child.

6804.3 If the Applicant is establishing eligibility under § 6804.2, the applicant shall provide a signed, written statement that he or she has become the primary caregiver of the child because both parents are unable to fulfill the duties of a primary caretaker due to at least one of the following situations:

1. (a) Death;
2. (b) Incarceration;
3. (c) Lack of Involvement or Abandonment or Voluntary relinquishment of physical

custody;

(d) Separation due to abuse or neglect;

(e) Active military assignment; or

(f) Serious illness.

6804.4 The Agency reserves the right to request a home visit if probable cause exists to suspect the documents being provided are fraudulent or that the applicant has misrepresented himself or herself for the purpose of receiving the subsidy.

6804.5 If a home visit is requested, the applicant will be informed that:

(a) The Agency representative visiting the home is a mandated reporter of child abuse or neglect and that any evidence of abuse or neglect will be reported to the child abuse hotline;

(b) Any substantiated fraud will be reported to the Office of the Inspector General;

(c) Upon completion of the home visit, the Agency representative will complete a report stating whether the suspicion of fraud is substantiated by a preponderance of the evidence known to the Agency;

(d) If the suspicion is not so substantiated, the suspicion may not affect the Agency's decision regarding the application;

(e) If the suspicion is so substantiated, the Agency may deny the application;

(f) If the applicant does not submit to a home visit, the Agency may deny the application; and

(g) The applicant may withdraw their application without repercussion at any time.

SOURCE: Final Rulemaking published at 53 DCR 5837 (July 21, 2006); as amended by Final Rulemaking published at 55 DCR 12482 (December 12, 2008).