1. To the extent that money is available for that purpose, whenever a person with an intellectual disability or a person with a developmental disability is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that: (a) The person with an intellectual disability or the person with a developmental disability has been diagnosed as having a profound or severe intellectual disability or developmental disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a person with a profound or severe developmental disability; (b) The person with an intellectual disability or the person with a developmental disability is receiving adequate care; and (c) The person with an intellectual disability or the person with a developmental disability and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support. The amount of the assistance must be established by legislative appropriation for each fiscal year. 2. The Administrator shall adopt regulations: (a) Which establish a procedure of application for assistance; (b) For determining the eligibility of an applicant pursuant to subsection 1; and (c) For determining the amount of assistance to be provided to an eligible applicant. 3. The Administrator shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants. 4. The decision of the Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
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