203-4 Determining Residency for Individuals Under 21

Effective Date: November 1, 2017

Previous Policy

A.   Individuals Under Age 21 Not Residing in an Institution

1.         Title IV-E and State Supplemental Payment Recipients (203-1).

2.         Individual not receiving Title IV-E or SSP payments.  If the individual is able to state intent and is emancipated (by age, court order or marriage),  the individual is a resident of Utah if he or she lives in the state voluntarily and meets one of the following two criteria:

a.      Intends to reside, including without a fixed address; or

b.      Entered Utah with a job commitment or to seek employment, whether or not they are currently working.  See 203-6 for individuals just moving to Utah.

3.         The state of residence of an individual under age 21 who is not institutionalized and who does not meet the criteria in 1 or 2, is:

a.         The state where the individual resides, including without fixed address, when the individual does not reside with a parent or caretaker relative; or

b.         The state of residency of the parent or caretaker relative with whom the individual resides (203-5).

B.  Individuals Living in Institutions

For the purposes of this section, an "institution" is an establishment that furnishes food, shelter and some treatment or services to 4 or more persons unrelated to the proprietor.  A "wilderness camp" could be an institution if it provides food, shelter (even tents) and some treatment or services to 4 or more teens unrelated to the proprietor.

1.         An institutionalized individual under age 21 who is not emancipated is a resident of the State:

a.         Where the parent (or legal guardian, if parental rights have been terminated) is living at the time of placement; or

b.         Where the parent (or legal guardian, if parental rights have been terminated) who filed the application is living; or

c.          Where the person who applied for medical assistance on the child's behalf is living, if the child has been abandoned by his parents and no legal guardian has been appointed, if the child is institutionalized in that same state.

2.         An individual residing in an institution who is under age 21, capable of stating intent, and emancipated or married, is a resident of the state in which the individual is living with the intent to reside.

C.  Non-IV-E Foster Care and Adoption Assistance

1.         Foster child not receiving IV-E Foster Care assistance:

o      When another state places a foster child in Utah and the child is receiving non-IV-E foster care, the child cannot receive Utah CHIP.  The state making the placement is responsible to provide CHIP for the child.

2.         Child With Adoption Assistance But Not IV-E Eligible:

a.         When a non-IV-E child with an adoption assistance agreement originating from another state moves to Utah, the child is eligible for Utah Medicaid and should not be opened on CHIP if the state originating the adoption assistance agreement is a member of the Interstate Compact on Adoption and Medical Assistance (ICAMA). 

b.         If the state is not a member of ICAMA, the child is not eligible for medical assistance in Utah.  The state making the payment is responsible to provide medical assistance for the child.  Refer to Medicaid Section 355 for the ICAMA list.  If the state originating the adoption assistance agreement is not on the ICAMA list, the eligibility worker should verify that the state is not a member of ICAMA by contacting the originating state or the Utah ICAMA administrator.  States join periodically and the list could be outdated.