South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:01 - General provisions
Section 67:46:01:22 - Residency determinations - Individuals under age 21 not residing in a long-term care facility

Universal Citation: SD Admin Rules 67:46:01:22

Current through Register Vol. 50, page 114, March 25, 2024

The state of residence for individuals under age 21 who are not residing in a long-term care facility is one of the following:

(1) For an individual who is emancipated from the individual's parents or married and who is capable of indicating intent, the state of residence is the state where the individual is living and

(a) Intends to reside, including without a fixed address; or

(b) Has entered the state with a job commitment or seeking employment, whether or not currently employed;

(2) For any other individual, the state of residence is:

(a) The state where the individual resides, including without a fixed address; or

(b) The state of residency of the parent or caretaker, with whom the individual reside, and where the parent or caretaker is living; and
(i) Intends to reside, including without a fixed address; or

(ii) Has entered the State with a job commitment or seeking employment, whether or not currently employed.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Assistance applications and eligibility, chapter 67:12:01; State residence, 42 C.F.R. 435.403 (h) (July 12, 2006).

Disclaimer: These regulations may not be the most recent version. South 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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