1. (a) An applicant or recipient 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.

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

   1. (1) father or mother;
   2. (2) grandparent, to the degree of a "great, great, great" grandparent;
   3. (3) brother or sister;
   4. (4) uncle or aunt, to the degree of a "great, great" uncle or aunt;
   5. (5) first cousin;
   6. (6) nephew or niece, to the to the degree of a "great, great" nephew or niece;
   7. (7) stepfather or stepmother;
   8. (8) stepbrother or stepsister; or
   9. (9) first cousin once removed.
3. (c) A recipient who is in the group described in §366.507(a)(6) of this subchapter (relating to Eligible Groups) (that is, a child who would be eligible for the Temporary Assistance for Needy Families Program, except for the applied income of the stepparent or grandparents with whom the child lives) must live or be expected to live with a legal parent.

4. (d) An independent child in a certified group 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. (1) is able to apply for Medicaid on his or her own behalf; or
   2. (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 §366.519 adopted to be effective June 9, 2010, 35 TexReg 4661.