(1) In order for a child to be IV-E eligible, the parent or parents of the child must be residents of the state of Montana in the month of eligibility. There is no durational residency requirement for the child's parent or parents.

(2) After a child is determined to be IV-E eligible, eligibility shall not be lost due to a change in residence of the child and/or the child's parents, and the state of Montana shall pay the IV-E foster care maintenance payments for the child as long as the child is eligible for benefits. However, if the child is living or physically located in a state other than Montana after the month of eligibility, the state which shall be responsible for providing medicaid coverage for the child shall be determined in accordance with the residency provisions of 42 CFR 435.403, as amended through October 1, 1997, which are hereby adopted and incorporated by reference. A copy of this regulation may be obtained from the Department of Public Health and Human Services, Office of Legal Affairs, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.