Section 75-02-10-09 - ResidencyFor purposes of this chapter:
1. An individual is a resident of this state if: a. The individual is not living in an institution and is living in this state: (1) With intent to remain in this state permanently or for an indefinite period; or (2) Without intent if the individual is incapable of stating intent. b. The individual is living in an institution outside this state and was receiving a benefit under North Dakota Century Code chapter 50-01 immediately before January 1, 1995. c. The individual was placed in an out-of-state institution by a county agency or the department while the individual was incapable of indicating intent. d. The individual is living in an in-state institution, has lived in that institution for at least thirty days, and was not placed in that institution by another state. An individual placed in an institution by another state is a resident of the state making the placement. Any action beyond providing information to the individual and the individual's family constitutes arranging or making a state placement. The following actions do not constitute state placement: (1) Providing basic information about this chapter and information about the availability of this chapter; or (2) Assisting an individual in locating an institution in this state, if the individual is capable of indicating intent and independently decides to move. 2. An individual who is a resident of this state is a resident of the county in which the individual is a resident for purposes of receipt of benefits under North Dakota Century Code chapter 50-01. N.D. Admin Code 75-02-10-09
Effective May 1, 1995; amended effective June 1, 2002.General Authority: NDCC 50-06-16, 50-24.5-02(8)
Law Implemented: NDCC 50-24.5