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Chapter 19. Child Care And Development Programs Subchapter 3. General Child Care Programs Article 2. Family Data File Documentation of Parental Incapacity; Service Limitations   

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(a) If the basis of need as stated on the application for services is parental incapacity, child care and development services shall not exceed 50 hours per week.

(b) Documentation shall include a release signed by the incapacitated parent authorizing a legally qualified health professional to disclose information necessary to establish that the parent meets the definition of incapacity, pursuant to section 18078, and needs services.

(c) The documentation of incapacitation provided by the legally qualified health professional shall include:

(1) A statement that the parent is incapacitated, that the parent is incapable of providing care and supervision for the child for part of the day, and, if the parent is physically incapacitated, that identifies the extent to which the parent is incapable of providing care and supervision;

(2) The days and hours per week that services are recommended to accommodate the incapacitation, taking into account the age of the child and the care needs. This may include time for the parent's regularly scheduled medical or mental health appointments;

(3) The probable duration of the incapacitation; and

(4) The name, business address, telephone number, professional license number, and signature of the legally qualified health professional who is rendering the opinion of incapacitation and, if applicable, the name of the health organization with which the professional is associated.

(d) The contractor may contact the legally qualified health professional for verification, clarification, or completion of the provided statement.

(e) The contractor shall determine the days and hours of service based on the recommendation of the health professional and consistent with the provisions of this article.

Authority cited:

Education Code 8261

Education Code 8263

Education Code 8265


Education Code 8261

Education Code 8263

(Amended By Register 2008, No.22.)