SECTION 366.819. Relationship and Domicile

(a) An applicant or recipient who is a child must live in a home with a caretaker who is present in the home and supervises and cares for the applicant or recipient. A home is a family setting maintained or being established, as evidenced by continuation of responsibility for day-to-day care of the applicant or recipient.

(b) A caretaker must be the applicant's or recipient's:

(1) father or mother;

(2) grandparent, to the degree of a "great, great, great" grandparent;

(3) brother or sister;

(4) uncle or aunt, to the degree of a "great, great" uncle or aunt;

(5) first cousin;

(6) nephew or niece, to the to the degree of a "great, great" nephew or niece;

(7) stepfather or stepmother;

(8) stepbrother or stepsister; or

(9) first cousin once removed.

(c) An independent child may live alone or with a person who is not a parent or relative. An independent child is a child who does not live with a parent and who:

(1) is able to apply for Medicaid on his or her own behalf; or

(2) is eligible for Medicaid because a responsible person who is not within the degree of relationship required for eligibility in subsection (b) of this section applies on the child's behalf.

Source Note: The provisions of this §366.819 adopted to be effective January 1, 2014, 38 TexReg 9467