North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-02 - Economic Assistance
Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals
Section 75-02-10-09 - Residency
Universal Citation: ND Admin Code ยง 75-02-10-09
Current through Supplement No. 394, October, 2024
For 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.
General Authority: NDCC 50-06-16, 50-24.5-02(8)
Law Implemented: NDCC 50-24.5
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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