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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 7 • has entered the state with a job commitment or seeking employment (whether or not currently employed). b) For an individual not described in a) and not living in an institution, the State of residence is: • the state where the individual resides including without a fixed address; or • the State of residency of the parent or caretaker, in accordance with 14110.9 of this section, with whom the individual resides. c) For an institutionalized individual who is neither married nor emancipated, the State of residence is: • the parent's or legal guardian’s State of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the State of residence of the guardian is used instead of the parent’s); or • the parent’s or legal guardian’s current State of residence if the individual is institutionalized in that same State (if a legal guardian has been appointed and parental rights are terminated, the State of residence of the guardian is used instead of the parent’s); or • the State of residence of the individual who files an application is used if the individual has been abandoned by the parents (including deceased parents), there is no legal guardian, and is institutionalized in that state. 17 DE Reg. 503 (11/01/13) 23 DE Reg. 303 (10/01/19) 14110.8.1 Prohibitions [Repealed, effective October 11, 2019.] 23 DE Reg. 303 (10/01/19) 14110.8.2 Exceptions [Repealed, effective October 11, 2019.] 15 DE Reg. 362 (09/01/11) 23 DE Reg. 303 (10/01/19) 14110.9 Individuals Age 21 and Over 42 CFR 435.403(h) For an individual over age 21 who is not eligible for Medicaid based on receipt of assistance under title IV-E of the Act, as addressed 14110.7 of this section, and is not receiving a State supplementary payment, as addressed in paragraph 14110.6 of this section, the State of residence is as follows: a) For an individual not residing in an institution, the State of residence is the state where the individual is living and: • intends to reside including without a fixed address; or • has entered the state with a job commitment or seeking employment (whether or not currently employed). b) For an individual not residing in an institution and who is not capable of stating intent, the State of residence is the state where the individual is living. c) For any institutionalized individual who became incapable of indicating intent before age 21, the State of residence is: • That of the parent applying for Medicaid on the individual's behalf, if the parents reside in separate States (if a legal guardian has been appointed and parental rights are terminated, the State of residence of the guardian is used instead of the parent's); or • The parent's or legal guardian's State of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the State of residence of the guardian is used instead of the parent's); or • The current State of residence of the parent or legal guardian who files the application if the individual is institutionalized in that State (if a legal guardian has been appointed and parental rights are terminated, the State of residence of the guardian is used instead of the parent's). • The State of residence of the individual or party who files an application is used if the individual has been aban- doned by his or her parent(s), does not have a legal guardian and is institutionalized in that State. d) For any institutionalized individual who became incapable of indicating intent at or after age 21, (irrespective of any type of guardianship) the State of residence is the state in which the individual is physically present, except where another state makes a placement.