The department may not place a lien on an individual's home if there is a reasonable expectation, based on the individual's medical, nursing, and social needs, that the individual will return home or if any of the following persons are lawfully residing in the home:

1. (1) The individual's spouse;
2. (2) The individual's adult child if the adult child has resided in and used the home as his principal place of residence for a continuous period of at least two years immediately prior to the date the individual was admitted to any of the facilities listed in SDCL 28-6-24 and can establish to the department that the adult child had been providing care which permitted the individual to reside at home rather than in an institution;
3. (3) The individual's child who is under age 21 or is blind or disabled;

4. (4) The individual's sibling who has an equity interest in the home and who has resided in and used the home as his principal place of residence for a continuous period of at least one year immediately prior to the date the individual was admitted to any of the facilities listed in SDCL 28-6-24.

   A person is considered to be lawfully residing in the home if the person is residing in the home with the permission of the owner or, if the owner is under guardianship or conservatorship, with the permission of the guardian or conservator.

   Cross-References: Determination of disability, § 67:46:03:18; Determination of blindness, § 67:46:03:19.

Source: 21 SDR 119, effective January 4, 1995.

General Authority: SDCL 28-6-23 , 28-6-24.

Law Implemented: SDCL 28-6-23 , 28-6-24.