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Minnesota Health Care Programs

1.4.2 State Residency for Adoption Assistance and Foster Care (Archive)

People who receive adoption assistance or are in foster care have special rules for determining their state of residency.

Adoption Assistance

People, of any age, who receive federal payments for adoption assistance under Title IV-E of the Social Security Act, are residents of the State where they live. A person who lives in Minnesota and receives these payments is a Minnesota resident; a person who receives these payments who lives in another state is not a Minnesota resident.

People who receive state payments for adoption assistance are residents of Minnesota if they live in Minnesota. This includes people who receive state payments for adoption assistance from another state.

People who receive non-Title IV-E payments for adoption assistance from Minnesota who live in another state are residents of the other state if that state has selected the federal option under the Interstate Compact on Adoption and Medical Assistance (ICAMA) to provide health care coverage when recipients move there from other states. If the state has not selected the federal option, the person remains a Minnesota resident.

Foster Care

People, of any age, eligible for federal payments for foster care under Title IV-E of the Social Security Act, are residents of the state where they live. A person who lives in Minnesota and receives these payments is a Minnesota resident; a person who receives these payments who lives in another state is not a Minnesota resident.

People who are in foster care who do not receive Title IV-E payments are residents of the state associated with the state agency or entity under contract with the state, including a county agency that arranged for the person to be placed into foster care.

See the Northstar chapter for information about health care policies for Minnesota’s adoption assistance and foster care programs.

Legal Citations

Code of Federal Regulations, title 42, section 435.403

Minnesota Statutes, section 256B.056, subdivision 1

Minnesota Statutes, section 256L.09