Section 6.06 - Eligibility for Children's Supports(1) Persons who are younger than 22 years of age may be eligible for Children's Supports provided, purchased, or arranged by the Department if the person: (a) is domiciled in the Commonwealth; and(b) for persons who are five through 22 years of age, either:1. have a severe chronic disability that:a. is attributable to a mental or physical impairment resulting from Intellectual Disability, Autism Spectrum Disorder, Smith-Magenis Syndrome or Prader-Willi Syndrome;b. is likely to continue indefinitely;c. results in substantial functional limitations; or2. have a verified diagnosis of Intellectual Disability or a closely related developmental condition that results in substantial functional limitations, or(c) for persons from birth to age five a substantial developmental delay or specific congenital or acquired condition with a high probability of resulting in a developmental disability if services are not provided.(2)Domicile.(a) For the purposes of 115 CMR 6.06(1), a person younger than 22 years of age who resides in Massachusetts shall be presumed to be domiciled in Massachusetts if:1. One or both of the person's parents are domiciled in Massachusetts, unless the parent having sole legal custody is not domiciled in Massachusetts;2. Legal custody of the person has been awarded by a court to a guardian who is domiciled in Massachusetts or to the Commonwealth or any agency or division thereof; or3. The person is emancipated and is residing in Massachusetts with the intent to remain in the state permanently or for an indefinite period of time.(b) For the purposes of 115 CMR 6.06(1), a person younger than 22 years of age there shall be a presumption that the following individuals are not domiciled in Massachusetts: 1. Persons who reside in a home or other setting subject to licensure or regulation by the Commonwealth, which residence was arranged or is being funded by another State, including any agency or political subdivision thereof and any entity under contract with the other State for such purposes;2. Persons who reside in a home or other setting subject to licensure or regulation by the Commonwealth which residence was arranged by a parent, guardian, or family member who is not domiciled in Massachusetts and was not so domiciled at the time of the person's placement;3. Persons, other than those covered under 115 CMR 6.04(3)(b)1. or 2., 22 years of age or younger who reside in a residential special education program and whose parent or guardian is not domiciled in Massachusetts.(3)Transitioning to Adult Eligibility. An individual may file an application for adult services and supports under 115 CMR 6.04 upon achieving 17.5 years of age or older.Amended by Mass Register Issue 1311, eff. 4/22/2016.Amended by Mass Register Issue 1320, eff. 4/22/2016.