Page 111

INSTITUTIONALIZED PERSONS 2.4 MA A person is a resident of DC if a DC agency (that is, Social Services, juvenile court, and so on) places the person in an institution located in another state. Generally, a person is not a resident of DC if another state's agency places the person in an institution in DC However, Title IV-E foster children, children who receive adoption subsidies under IV-E, and other foster children and adoptive foster homes are in DC are residents of DC. Adopted and foster children receiving IV-E assistance from DC but who live outside DC are not residents of DC for purposes of MA eligibility. Such children receive MA from the state where they are physically located. With the exception of a person who is in an out-of-state placement and one who is under age 21 and unmarried, the residency status of an institutionalized person is dependent on a determination of his/her capability to indicate intent. A person is considered to be capable of indicating intent unless evidence establishes that s/he is incapable. When it is verified that a person meets any one of the following criteria, s/he is considered to be incapable of indicating intent: • has an IQ less than 50, • has a mental age of less than eight, • is judged incompetent by a court, • is in a psychiatric facility by order of a court, or • the MRT based on medical evidence has determined s/he is incapable. For an institutionalized person who became incapable of indicating intent before age 21 or is under age 18 and unmarried, the state of residence is DC if: • The person is institutionalized in DC and: o s/he was abandoned by his/her parents, s/he does not have a court-appointed legal guardian, and the person who completed the most recent application for the person lives in DC; o the parental rights of the person's parents have been terminated; the court has appointed a legal guardian for the person, and the legal guardian lives in DC; or o one of his/her legal parents lives in DC; or • at the time s/he was institutionalized: o the parental rights of the person's parents were terminated, and the person had a court-appointed legal guardian who lived in DC; or o one of the person's legal parents lived in DC. An institutionalized person who became incapable at or after age 21 is a resident of DC if s/he is physically present in DC, and the placement was not made by an out-of-state agency. An institutionalized but capable person who is at least age 18 or married is a resident of DC when s/he is living in DC and intends to remain permanently or for an indefinite period. TANF N/A GC N/A FS Individuals shall be considered residents of an institution when the institution provides them with the majority (over 50 percent of three meals daily) of their meals as part of the institution’s normal services. Residents of an institution are considered residents of the state in which the institution is located.