(1) In order to be considered by the department for receipt of home attendant services, a person must be eligible for one of the following categories of service:

(a) aid to families and dependent children (AFDC) ;

(b) supplemental security income (SSI) ;

(c) medicaid;

(d) child protective services; or

(e) adult protective services.

(2) Home attendant services will be provided as follows:

(a) at the discretion of the department to persons in the categories listed in (1) (a) through (1) (c) who are determined through a professional evaluation to be in need of those services and for whom there are direct care staff available to provide those services;

(b) to persons in (1) (d) and (1) (e) for whom the services are a documented part of a child or adult protective services case plan developed by a program and planning division social worker.

(3) Home attendant services are available only to a person in their home.

(4) Receipt of home attendant services by any person must be consented to by the person or their guardian.