(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