Section 477-6-004 - INSTITUTIONALIZED APPLICANTS/CLIENTS004.01Institutionalized Applicants/Clients: The state where the institution is located is an institutionalized applicant/client's state of residence unless it is determined that the applicant/client is a resident of another state, according to the following: For any institutionalized applicant/client who is twenty (20) years old or younger, or who is twenty-one (21) years old or older and became incapable of indicating intent before reaching twenty-one (21) years old, the state of residence is 1. That of his/her parent(s) or his/her legal guardian at the time of placement, or2. That of his/her parent(s) or his/her legal guardian if the applicant/client is institutionalized in that state. For any institutionalized applicant/client who became incapable of indicating intent at or after reaching twenty-one (21) years old, the state of residence is the state in which the applicant/client is physically present except where another state makes a placement.
004.02Placement in an Out-of-State Institution: If a state arranges for an applicant/client to be placed in an institution located in another state, the state making the placement is the applicant/client's state of residence, regardless of the applicant/client's indicated intent or ability to indicate intent.004.03Discharge from an Out-of-State Institution: When an applicant/client leaves the facility in which the applicant/client is placed by a state, that applicant/client's state of residence is the state where the applicant/client is physically located.477 Neb. Admin. Code, ch. 6, § 004