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. (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

   1. (a) Intends to reside, including without a fixed address; or
   2. (b) Has entered the state with a job commitment or seeking employment, whether or not currently employed;

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

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

   2. (b) The state of residency of the parent or caretaker, with whom the individual reside, and where the parent or caretaker is living; and

      1. (i) Intends to reside, including without a fixed address; or
      2. (ii) Has entered the State with a job commitment or seeking employment, whether or not currently employed.

Source: 11 SDR 86, effective December 30, 1984; transferred from § 67:16:18:04.05, effective August 23, 1992; 41 SDR 7, effective July 29, 2014; transferred from § 67:46:03:09, 41 SDR 93, effective December 3, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.