Cal. Code Regs. tit. 22 § 50211

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 50211 - Deprivation - Physical or Mental Incapacity of a Parent

(a) Deprivation of parental support or care exists if either of the child's parents is physically or mentally incapacitated.

(b) A parent is incapacitated if such parent has a physical or mental illness, defect or impairment that is expected to last at least 30 days, is verifiable in accordance with Section 50167, and does either of the following:

(1) Reduces substantially or eliminates the parent's ability to support or care for the child.

(2) Causes one of the following situations:

(A) The parent is prevented from working full-time at a job in which customarily engaged, and from working full-time on another job for which equipped by education, training or experience or which could be learned by on-the-job training.

(B) Employers refuse to employ the parent for work the parent could do and is willing to do, because of behavioral or other disorders which interfere with the securing and maintaining of employment.

(C) The parent is prevented from accomplishing as much on a job as a regular employee and, as a result, is paid on a reduced basis.

(D) The parent is blind or disabled in accordance with Section 50223(a)(1) or (b).

(E) The parent has qualified for and is employed in a job which is rehabilitative or therapeutic or is in a sheltered workshop, and which is not considered to be full-time.

(c) The following persons shall be linked to AFDC on the basis of this deprivation factor:

(1) The children of an incapacitated parent.

(2) The incapacitated parent.

(3) The spouse of the incapacitated parent or the second parent of the children whose basis of deprivation is an incapacitated parent.

Cal. Code Regs. Tit. 22, § 50211

1. Amendment of subsection (b)(2)(D) filed 3-7-80 as an emergency; effective upon filing (Register 80, No. 9). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 7-6-80.
2. Certificate of Compliance filed 6-6-80 (Register 80, No. 23).
3. Amendment of subsection (b)(2)(A) filed 8-8-80; effective thirtieth day thereafter (Register 80, No. 32).
4. Amendment of subsection (c) filed 1-8-81; effective thirtieth day thereafter (Register 81, No. 2).
5. Amendment of subsection (b) filed 11-20-96; operative 12-20-96 (Register 96, No. 47).

Note: Authority cited: Sections 10725 and 14124.5, Welfare and Institutions Code. Reference: Sections 14005.3, 14005.7 and 14051, Welfare and Institutions Code.