An incapacity is a physical or mental defect, illness or condition that makes it harder for a individual to work at a job or to take care of a child.
NOTE: The CAO must not rule out deprivation due to incapacity solely because an incapacitated parent is employed either part-time or full-time.
A child is deprived if either parent living with the child has a physical or mental incapacity that: 55 Pa. Code § 153.44(c)
Makes it much harder or impossible for the parent to support or care for the child.
Is expected to last for at least 30 days.
Reminder: The incapacitated parent must apply for possible benefits, such as Social Security disability. The CAO must refer the individual to the Disability Advocacy Program (DAP) (see Supplemental Handbook Chapter 820, Disability Advocacy Program). 55 Pa. Code § 183.13(a)
The CAO must not consider a child to be deprived if the parent's incapacity is expected to last less than 30 days.
An incapacity must be proven. Proof must show that the incapacity: 55 Pa. Code § 153.44(c)
Makes it much harder or impossible for a parent to support or care for a child.
Is expected to last at least 30 days
Proof of an incapacity includes, but is not limited to, the following: 55 Pa. Code § 153.44(c) 55 Pa. Code § 201.3
Papers showing eligibility for disability benefits, such as Workers' Compensation, Supplemental Security Income or Social Security because of blindness or disability.
Veterans Administration records.
Doctor's statements.
Hospital or clinic records.
Psychiatric evaluation.
Psychometric test results.
Other papers from a health care professional.
General forms used to prove incapacity include the Employability Assessment (PA 1663), the Temporary Disability Re-Assessment (PA 1664) and the Health-Sustaining Medication Assessment (PA 1671) forms.
When forms used as proof show a date when the incapacity is expected to end, the CAO must create an alert to review the deprivation before the expected end date.
If the case record already has proof of an incapacity that would not normally be expected to improve, such as emphysema or sickle cell anemia, the CAO does not need to get other proof.
If the parent does not have proof of an incapacity, the CAO must help the parent get proof. This may include:
Helping the parent find a source of proof.
Asking for proof directly from a possible source, with the parent's consent. Consent can be given by signing the Authorization for Release of Information (PA 4) form.
NOTE: Consent can be given by signing the Authorization For Release of Information (PA 4) form.
If the parent chooses to be examined by a health care professional and cannot get a free exam, the CAO must approve the exam.
At renewal, the parent must provide proof of the incapacity unless the record already has proof that the parent's condition is not likely to improve or is not expected to improve until a later date. The CAO must record existence of proof already in record.
Updated February 14, 2012, Replacing April 4, 2008