Page 81

UPDATED: JANUARY 2012

522

OTHER ELIGIBILITY REQUIREMENTS

DISTRICT OF FISCAL RESPONSIBILITY (DFR)

This DFR rule does not apply to OMH, OPWDD or OASAS certified community residences, residential substance abuse treatment programs or residential care centers for adults.

A/R under age 21

The DFR for a child under age 21, is the district “where found”, unless one of the current DFR exceptions applies. Districts should rely on a person’s expression of intent in determining the district of legal residence, unless the person’s actions are inconsistent with the expressed intent.

The district of fiscal responsibility for a child under the age of 21, who has been adjudicated incompetent, remains the district of legal residence of the parent(s) or legal guardian.

NOTE: The DFR of a newborn surrendered for adoption and not yet placed in an adoptive home is the DFR of the birth mother.

Medical Parole

The DFR for an inmate released on medical parole is the district from which the inmate was sentenced. This responsibility continues indefinitely until there is a break in need.

Non-medical Parole

The DFR for non-medical parolees who are mandated as a condition of parole to live in a particular district in a non-medical residential setting, such as a half-way house, is the district where the non-medical parole legally resided immediately prior to incarceration. This responsibility continues until there is a break in need. Once the mandate is ended or parole is completed, and the individual regains his/her freedom to exercise intent, the rules in OTHER ELIGIBILITY REQUIREMENTS STATE RESIDENCY, ASSISTANCE TO PERSONS WHO CHANGE RESIDENCY would apply.

See OTHER ELIGIBILITY REQUIREMENTS MAINTAINING MEDICAID ELIGIBILITY FOR INCARCERATED INDIVIDUALS for an explanation of residency rules at reinstatement.

(MRG)