D-3700, Special Situations

Revision 09-4; Effective December 1, 2009

In the following situations, the state in which the person resides is influenced by several factors.

Under age 21 and not in an institutional setting. A person under age 21 who is not residing in an institutional setting is a Texas resident if the person is: living in Texas more than temporarily; living in another state when Texas has legal custody of the person; or living in Texas, meets the blindness or disability criteria, and is MEPD eligible.

Under age 21 and in an institutional setting. If the parent(s) or legal guardian lives outside of Texas, the residence of an institutionalized person under age 21 is the state in which the parent or legal guardian states the institutionalized person is present, and intends to stay. If the parents have abandoned the person and no legal guardian has been appointed, the person's residence is the state in which the institution is, if the authorized representative acting on behalf of the person in making an application for MEPD lives in that same state. If the person is married, the person's residence is the institution's state.

Age 21 or over and in an institutional setting. The residence of an institutionalized person age 21 or over is the state in which the person is residing with the intent to remain. If the person is incapable of indicating intent, the person's residence is determined in the same way as the residence of an institutionalized person under age 21.

Interstate institutional setting issue — If a person, regardless of his/her age, is placed in an institution located in Texas by an agency of another state, the person remains a resident of the state that made the placement.

Reminder: A person who lives in an institution for mental diseases must be age 65 or older to be eligible for an MEPD program.