23 MAC Pt. 105, R. 5.1
Children in the Custody of the Department of Child Protection Services (DCPS)
Cite as 23 Miss. Admin. Code Pt. 105, R. 5.1
Children in the Custody of the Department of Child Protection Services (DCPS)
A. Children in the custody of the Department of Child Protection Services (DCPS) are eligible for
Medicaid as follows:
1. Foster children for whom DCPS assumes full or partial financial responsibility are eligible
for Medicaid if the child is placed in a licensed foster care home or appropriate institution
and the child meets Modified Adjusted Gross Income (MAGI) state set income limits.
2. Foster and adoption assistance children receiving IV-E financial assistance are Medicaid
eligible using IV-E income limits.
3. Children in adoptions subsidized in full or part by DCPS are Medicaid eligible using MAGI
state-set income limits.
4. Children for whom there is no IV-E adoption assistance agreement in effect are eligible
for Medicaid without an income test if the child cannot be placed for adoption without
Medicaid coverage because of special needs for medical or rehabilitative care.
B. The Department of Child Protection Services has Medicaid certification responsibilities for
foster children and adoption assistance children that meet the above stated criteria. If a foster
child or adoption assistance child is not eligible through DCPS, a separate application for
Medicaid is filed at the Medicaid Regional Office by the appropriate DCPS staff person or
foster parent or adopted parent.
C. As outlined in Miss. Admin. Code, Title 23, Part 101, Rule 1.8, former foster care children
who were on Medicaid and in foster care when they turned age eighteen (18) or aged out of
foster care after age eighteen (18) are covered by Medicaid until the end of the month in which
they turn age twenty-six (26). Prior to the Affordable Care Act (ACA), foster children who
were in foster care upon turning age eighteen (18) were granted Medicaid eligibility to age
twenty-one (21)