Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 366 - MEDICAID ELIGIBILITY FOR WOMEN, CHILDREN, YOUTH, AND NEEDY FAMILIES
Subchapter J - FORMER FOSTER CARE CHILDREN'S PROGRAM
Section 366.1017 - Citizenship

Universal Citation: 1 TX Admin Code ยง 366.1017

Current through Reg. 49, No. 38; September 20, 2024

In accordance with RSA 435.406, to be eligible for the Former Foster Care Children's Program, a person must be:

(1) a citizen of the United States;

(2) an alien who legally entered the United States before August 22, 1996, and who meets the eligibility criteria in RSA 1641(b) or (c);

(3) an alien who legally entered the United States on or after August 22, 1996, and who meets the eligibility criteria in RSA 1612(b) and § RSA 1613, except that a legal permanent resident alien is eligible after residing in the United States for five years only if the alien meets one of the following eligibility requirements:

(A) the alien is an honorably discharged veteran or active duty military personnel;

(B) the alien is a spouse, unmarried surviving spouse, or minor unmarried child of an honorably discharged veteran or active duty military personnel (if a surviving spouse of a deceased veteran or active duty military person, the surviving spouse must not have remarried);

(C) the alien entered the United States before August 22, 1996, and remained continuously present in the United States (a single absence from the United States of more than 30 days or a combined absence of more than 90 days interrupts the "continuous presence") since at least August 21, 1996, until obtaining qualifying immigrant status (an alien who entered the United States without proper documents or overstayed his or her visa, is treated the same as an alien who entered and remained in the United States with valid immigration documents);

(D) the alien entered the United States with a status described in the Texas Works Handbook, Item A-342, Chart C and meets those eligibility criteria, or meets the criteria in the Texas Works Handbook, Item A-343, How to Determine Eligibility for Battered Aliens; or

(E) the alien meets the 40 qualifying quarters requirements in the Texas Works Handbook, Item A-354, Verifying 40 "Qualifying Quarters," and five years have passed since the alien's legal date of entry; or

(4) an alien child under the age of 21 who meets the definition of a qualified alien at RSA 1641(b).

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