1210.020.15.35 DEFINITION OF SPECIAL NEEDS CHILD

(CD12-33, OEC12-06 dated March 15, 2012)

A child with special needs is defined as one who is under age eighteen (18), or under age nineteen (19) and still in school, who:

  1. Receives SSI benefits based on the child's own disability;
  2. Receives services through the Department of Mental Health;
  3. Has a physical or mental disability or delay;
  4. Is a protective services child; or
  5. Is under court ordered supervision.

A child with special needs may affect a case in one of two ways:

  1. If a family has a need for child care based on employment, education, or other need criteria, the sliding fee for a child with a special need may be waived and the child qualifies for a 25% Rate Enhancement. Verify the child's special need as outlined in 1210.020.15.40 VERIFICATION OF A CHILD'S SPECIAL NEED. Other children in that same eligibility unit that do not have a special need are subject to a sliding fee based on the household size and income.
  2. If a family has no other need for child care and meets all other eligibility criteria, child care may be approved for a child with special needs based solely on the special need of the child.  A statement from a physician or psychologist describing how the child will benefit from participating in a child care setting and specifying the number of days and hours per day care is recommended, is required.

Note:  The child must have a diagnosed special need certified by a physician or psychologist.  A statement from a physician or psychologist stating only that the child would benefit from the socialization of being in a child care setting does not meet the criteria of a special need, as all children have a need for socialization with other children.

Children with special needs continue to be eligible for child care benefits up to and including the month they turn age 18 or up to and including the month they graduate high school if graduation occurs prior to their 19th birthday.

NOTE:  Once a child is 19 years old, the child is not eligible for child care assistance.

1210.020.15.40 VERIFICATION OF SPECIAL NEEDS

(CD12-33, OEC12-06 dated March 15, 2012)

Verification of a child's special need requires a written statement from the individual's physician or, in the case of a mental disability or incapacity, the individual's psychologist or psychiatrist.  This statement must include the hours of care needed per day, the number of days per week, and anticipated duration of the need for care.  If the child is functioning at an age level below their chronological age level, the functional age must be included in this statement and entered on the CCNEED (FMAC) screen. 

Example:  Mary is six (6) years old and receives SSI benefits for her own disability.  A statement from Mary's psychiatrist indicates she is functioning at the level of a three (3) year old child.  The ES should enter Mary's special need on the CCNEED (FMAC) screen, along with a functional age of PS (Pre-School), as Mary functions at an age level (Pre-School) that is less than her chronological age level (School Age).

If the child is functioning at an age level that is within the same age level as their chronological age, the functional age should NOT be entered on the CCNEED (FMAC) screen.

Example:  Billy is 19 months old and receives services through the First Steps program.  A statement from Billy's physician indicates he is functioning at the level of a seven (7) month old child.   The ES should enter Billy's special need on the CCNEED (FMAC) screen, but leave the functional age blank, as Billy is functioning at the same age level as his chronological age level (Infant).

Note:  The child must have a diagnosed special need certified by a physician or psychologist.  A statement from a physician or psychologist stating only that the child would benefit from the socialization of being in a child care setting does not meet the criteria of a special need, as all children have a need for socialization with other children.