Incapable of Providing Proper Care Law and Legal Definition
Pursuant to 8 CFR 204.301 [Title 8 -- Aliens and Nationality Chapter I -- Department of Homeland Security (Immigration and Naturalization); Subchapter B -- Immigration Regulations], incapable of providing proper care means “that, in light of all the relevant circumstances including but not limited to economic or financial concerns, extreme poverty, medical, mental, or emotional difficulties, or long term-incarceration, the child's two living birth parents are not able to provide for the child's basic needs, consistent with the local standards of the Convention country.”
