1. (1) The department implements the definition of dependent child found in 42 CFR 435.4.
2. (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. (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:

   1. (a) the parent is absent because of military service;
   2. (b) the parent is absent for employment, schooling, training, or another temporary purpose;
   3. (c) the parent will return to live in the home within 30 days from the date of the application;
   4. (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. (4) A parent is considered incapacitated if the parent meets one of the following criteria:

   1. (a) the parent receives Social Security Income;
   2. (b) the parent is recognized as 100% disabled by the Veteran's Administration;
   3. (c) the parent is determined disabled by the State Medicaid Disability Office or the Social Security Administration;

   4. (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.

      1. (ii) The medical report must also state that the incapacity substantially reduces the parent's ability to work or care for the child.

      2. (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:

         1. (A) Medical Doctor (MD);
         2. (B) Doctor of Osteopathy (DO);
         3. (C) Advanced Practice Registered Nurse (APRN);
         4. (D) Physician Assistant (PA); or
         5. (E) Mental Health Therapist who is either a psychologist, licensed clinical social worker, certified social worker, marriage and family therapist, or professional counselor.

KEY: state residency, citizenship, third-party liability, Medicaid

Date of Last Change: January 22, 2024

Notice of Continuation: January 6, 2023

Authorizing, and Implemented or Interpreted Law: 26B-3-108; 26B-1-213