26-51-503. Support of a child with a developmental disability — Definitions.

26-51-503. Support of a child with a developmental disability — Definitions. (a) In addition to the state income tax credit permitted by § 26-51-501(a) and (b), any taxpayer in this state who is maintaining, supporting, and caring for an individual with a diagnosis of a developmental disability in the taxpayer's home is permitted, in addition to all other income tax credits, a credit of five hundred dollars ($500) for each income year for that individual. (b)(1) Any person wishing to take advantage of this tax credit must have certification by a licensed physician, licensed psychologist, or licensed psychological examiner that the individual has a diagnosis of a developmental disability. (2) The certification shall be valid for five (5) years for income tax purposes. (3) If any person wishes to take advantage of this tax credit after using the certification for five (5) income years, the person must have the individual reevaluated by a licensed physician, licensed psychologist, or licensed psychological examiner for recertification. (4) The recertification process shall be valid for another five (5) years for income tax purposes. (c) As used in this section: (1) “Diagnosis of a developmental disability” means a disability of a person that: (A) Is attributable to: (i) An intellectual disability, cerebral palsy, epilepsy, spina bifida, Down syndrome, or autism; (ii) Another condition of the person found to be closely related to an intellectual disability because the condition results in an impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability or requires treatment and services similar to that required for a person with an intellectual disability; or (iii) Dyslexia resulting from a disability or condition described in subdivision (c)(1)(A)(i) or subdivision (c)(1)(A)(ii) of this section; (B) Originates before the person reaches twenty-two (22) years of age; (C) Has continued or can be expected to continue indefinitely; and (D) Constitutes a substantial handicap to the person's ability to function without appropriate support services, including without limitation: (i) Planned recreational activities; (ii) Medical services such as physical therapy and speech therapy; and (iii) Possibilities for sheltered employment or job training; and (2) “Individual” means a child of the taxpayer's blood, an adopted child, or a dependent within the meaning of § 26-51-501(a)(3)(B).