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If the individual is emancipated from his parents or married, and can indicate intent, the state of residence is the state where he is living with the intention to live there permanently or indefinitely. Individuals age 21 and over: • For an institutionalized individual who can indicate intent, the state of residence is the state where he is living with the intention to remain there permanently or indefinitely • For an institutionalized individual who became incapable of indicating intent at or after age 21, the state of residence is the state in which the individual is physically present, except when another state makes a placement. (Refer to Section 2406.20.10.05 regarding out-of-state placement.)43

For any institutionalized individual who became incapable of indicating intent before age 21, the state of residence is one of the following: • That of the parent applying for Medicaid on the individual's behalf, if the parent lives in a separate state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the legal guardian is used instead of the parent) • The parent's state of residence at the time of the individual's placement in the institution (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 current state of residence of the parent 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); or • The state of residence of the person who files the application, if the individual has been abandoned by his parents, does not have a legal guardian, and is institutionalized in that state.44 The applicant's intent to remain in Indiana must always be determined. If the applicant can indicate intent according to the criteria in Section 2406.20.00, the worker must ask the applicant if he plans to remain in Indiana permanently or indefinitely. An applicant who intends to return to the state of origin whenever a bed becomes available, or one who will return to the other state after a temporary institutionalization, is not to be considered an Indiana resident.

NOTE: Be alert to situations in which the family searched for a bed in the other state before resorting to placement in Indiana and when the applicant is on a waiting list for a facility in the other state. When a person resided in another state prior to placement in an Indiana facility, the worker will need to ask the reason(s) the applicant was placed in Indiana instead of in a facility in the state