ARSD 67:12:01:41. Definition of "physical or mental incapacity."

"Physical or mental incapacity" of a parent exists when one parent has a physical or mental defect, illness, or impairment. The incapacity must be: (1) Supported by competent medical testimony; (2) So debilitating as to reduce substantially or eliminate the parent's ability to support or care for the otherwise eligible child; and (3) Expected to last for a period of at least thirty days.