S.D. Admin. R. 67:46:01:21

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:46:01:21 - Residency determinations - Individuals under age 21 residing in long-term care facilities

The state of residence for an individual under age 21 who is residing in a long-term care facility shall be determined according to the following:

(1) If the individual is emancipated from the individual's parents or if the individual is married and capable of indicating intent, the state where the individual is living with the intention to remain permanently or for an indefinite period is the individual's state of residence;

(2) If the individual is neither married nor emancipated, the state of residence may be determined by one of the following:

(a) The state of residence is that of the parent's state of residence at the time of placement;

(b) The state of residence is that of the parent who filed the application provided the individual is institutionalized in the parent's state of residence;

(c) If parental rights have been terminated and a legal guardian has been appointed, the state of residence is that of the guardian's state of residence at the time of placement; or

(d) If parental rights have been terminated and a legal guardian has been appointed, the state of residence is that of the guardian who files the application provided the individual is institutionalized in the guardian's state of residence.

(3) If the individual has been abandoned by the individual's parents and does not have a legal guardian, the individual's state of residence is the state of residence of the person filing the application.

S.D. Admin. R. 67:46:01:21

Transferred from § 67:46:03:08, 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

State residence -- Individuals under age 21, 42 C.F.R. § 435.403 (h) (July 12, 2006).