For a long-term care individual aged 21 or over who became incapable of indicating intent before age 21, the state of residence is one of the following:

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

   1. (a) The state of residence is that of the parent's state of residence at the time of placement;
   2. (b) The state of residence is that of the parent who files the application provided the individual is institutionalized in the parent's state of residence;
   3. (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
   4. (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;
2. (2) That of the person filing the application if the individual has been abandoned by the individual's parent, does not have a legal guardian, and is residing in long-term care in that state.

Source: 11 SDR 86, effective December 30, 1984; transferred from § 67:16:18:04.07, effective August 23, 1992; transferred from § 67:46:03:11, 41 SDR 93, effective December 3, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.