Section 18088 - Documentation of Need: Parental Incapacity; Service Limitations(a) If the basis of need as stated on the application for services is parental incapacity, the following shall apply: (1) The certified schedule for early learning and care services shall not exceed 50 hours per week.(2) The parent's period of eligibility for early learning and care services shall be for no less than 12 months and the parent shall receive services for not less than 12 months before having eligibility and need recertified.(b) Documentation of parental incapacity 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 parental 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 and that the parent is incapable of providing care or supervision for the child for part of the day;(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 child's care needs. This may include time for the parent's regularly scheduled medical or mental health appointments;(3) 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(4) 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, or clarification of the provided statement.(e) The contractor shall determine the days and hours of the certified schedule based on the parent's requested days and hours and the recommendation of the health professional, consistent with the provisions of this article.Cal. Code Regs. Tit. 5, § 18088
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and NOTE, filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
3. Amendment of section heading and section filed 5-21-2021; operative 7-1-2021 (Register 2021, No. 21). Note: Authority cited: Sections 8261, 8263 and 8265, Education Code. Reference: Sections 8261 and 8263, Education Code.
1. New section filed 11-21-88; operative 1-1-89 (Register 88, No. 50).
2. Amendment of section heading, section and Note, filed 5-28-2008; operative 6-27-2008 (Register 2008, No. 22).
3. Amendment of section heading and section filed 5-21-2021; operative 7/1/2021 (Register 2021, No. 21).