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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 July 2024 Subchapter Subject Page ending with Page M0230 VIRGINIA RESIDENCY REQUIREMENTS M0230.201 3

M0230.200 RESIDENCY REQUIREMENTS

M0230.201 INDIVIDUALS UNDER AGE 21

A. Under Age 21 NOT In An Institution

An individual under age 21 is considered a resident of Virginia if he: a. is married or emancipated from his parents, is capable of indicating intent and is residing in Virginia with the intent to reside Virginia. b. is not emancipated but is not living with a parent or caretaker and is presently residing in Virginia with the intent to reside in Virginia; c. lives with a parent or caretaker who is presently residing in Virginia with the intent to reside in Virginia;

d. is a non-IV-E (state/local) foster care child whose custody is held by Virginia (see M230.204 C. and D.);

e. is a non-IV-E foster care child whose custody is held by another state but who has been placed with and is residing in Virginia with a parent or care- taker relative; f. is a non-IV-E child adopted under an adoption assistance agreement with Virginia (see M230.204 C. and D.); g. is a non-IV-E foster care child whose custody is held by a licensed, private foster care agency in Virginia, regardless of the state in which the child physically resides; h. is under age 21 and is residing in another state for temporary period (for reasons such as medical care, education or training, vacation, (or visit) but is still in the custody of his/her parent(s) who reside in Virginia. i. is living with a parent(s) who is a non-immigrant alien (admitted to the U.S. for a temporary or limited time) when the parent has declared his intent to reside in Virginia permanently or for an indefinite period of time, and no other information is contrary to the stated intent. j. Is placed out of state for a trial home visit with parents (while custody is retained by Virginia). B. Under Age 21 In An Institution If the individual was placed in the institution by a state government agent, go to section M0230.203 below. An institutionalized individual (who was not placed in the institution by a state government) who is under age 21 and is not married or emancipated, is a resident of Virginia if: 1. the individual's parent or legal guardian was a Virginia resident at the time of the individual's institutional placement; 2. the individual's parent or legal guardian who applies for Medicaid is a Virginia resident and the individual is institutionalized in Virginia; or

3. the individual's parent(s) has abandoned the individual, no legal guardian has been appointed, and the individual is institutionalized in Virginia.