Classifying a child as having a special need does not make a child categorically eligible for Child Care Subsidy, but will affect an eligible family’s case in two ways:

1. If a family has a need for Child Care Subsidy based on employment, education, training, or other traditional need criteria, the sliding fee is waived for a child classified as having a special need, and;
2. The child care provider will be compensated an additional rate differential on the base rate for services provided to the child classified as having a special need.

NOTE: Other children in the same eligibility unit who are not classified as having a special need are subject to a sliding fee based on the household size and income.

A child may be classified as having special needs if the child is under age eighteen (18) (up to and including the month they turn 18), or under age nineteen (19) and still in school (up to and including the month they graduate high school, if graduation occurs prior to their 19^th birthday), meets one or more of the following criteria, and has a documented need for care:

1. Receives Supplemental Security Income (SSI) benefits based on their own disability:
   • The Social Security Administration’s disability definition includes:
     • A physical or mental condition(s) that limits his or her activities; and
     • Condition(s) must have lasted, or be expected to last, at least one (1) year or could result in death.
2. Receives services through the Department of Mental Health (DMH):
   • A child with an identified disability or mental health condition requiring early intervention, special education services, or other specialized services and supports.
3. Has a physical or mental disability or delay:
   • Defined by the Americans with Disabilities Act (ADA) as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
   • A significant delay in a child’s cognitive, behavioral, emotional, or social development in comparison with normal development standards.
4. Is a Protective Services child:
   • A child receiving services for the treatment or prevention of child abuse and/or neglect from the Children’s Division.
5. Is under any court-ordered supervision:
   • The Juvenile Court orders the child(ren) of the family to be placed under the supervision of the Children’s Division, and/or
   • The Court orders the Children’s Division to provide protective services.

NOTE: Verification of any Court involvement with a family should be verified through the local Children’s Division staff or with a copy of the Court Order.

Verification of a Child with Special Needs

• Verify a child receives SSI through IIVE or an award letter from Social Security Administration.
• Verify the child receives services through DMH or has a mental or physical disability.   This can be verified using the Child with Special Needs Verification Form (CD-204) or with a written statement from a physician, psychologist, psychiatrist, licensed clinical social worker, licensed professional counselor, nurse practitioner, or physician’s assistant on professional letterhead.
• Verify protective services involvement through Children’s Division.
• Verify court-ordered supervision through the court or the court order.

Functional Age of a Child with a Special Need

Child care rates are based on the child’s functional age. If the child is functioning at a functional age less than their actual age, document the child’s functional age based on documentation received.