(a) To participate in the waiver program, the child or adolescent must meet the following eligibility criteria:      
        (1) be eligible for Medicaid, under a Medicaid Eligibility Group included in the approved waiver;       
        (2) live in a county included in the waiver program;       
        (3) be reasonably expected to qualify for inpatient care under the Texas Medicaid inpatient psychiatric admission guidelines, as defined in the approved waiver, in the absence of waiver services;       
        (4) reside:                  (A) in a non-institutional setting with the child's or adolescent's LAR; or                   (B) in the child's or adolescent's own home or apartment, if legally emancipated; and         
        (5) choose, or have the LAR choose, the waiver program services as an alternative to care in an inpatient psychiatric facility, in accordance with the provisions of the approved waiver.       
      (b) The participating child or adolescent must be determined to meet the eligibility criteria in subsection (a) of this section on an annual basis to continue in the waiver program.     
      (c) The department reserves the right to limit, in each county, the number of eligible children or adolescents that may participate in the waiver program, in accordance with the provisions of the approved waiver.     
     Source Note:        The provisions of this §307.5 adopted to be effective November 19, 2009, 34 TexReg 8038; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 471