Determining State of Domicile

PURPOSE: This rule prescribes department procedures for determining the domiciliary state of any patient resident or client receiving services from a facility, program, or service operated or funded by the department as required by section 630.210, RSMo. (1) A person domiciled in Missouri is one who resided in Missouri not for a mere special or temporary purpose, but with intent to remain in Missouri permanently or for an indefinite time which may be demonstrated, but not necessarily determined by—ownership of a residence in Missouri, filing of a Missouri state income tax return, voter registration in Missouri, registration of a motor vehicle in Missouri, employment in Missouri, or the receipt of public assistance from Missouri. (2) A person and a person’s dependents are domiciled in Missouri when the person is a member of the armed services and stationed in Missouri. Domicile shall continue to be conferred upon dependents of a member, if they remain in Missouri, after the member of the armed services is transferred from Missouri. (3) The domicile of a minor under the age of eighteen (18) and not emancipated shall be that of the parent(s) having physical custody of the minor. (4) The domicile of a minor under the age of eighteen (18) whose parents are deceased or parental rights have been terminated shall be the state in which a guardian has been appointed for the minor, or the current domicile of the minor’s guardian. (5) A person at or over the age of eighteen (18) is considered incapable of forming his/her own intent to be domiciled in Missouri when— (A) The person’s Intelligence Quotient (IQ) is forty-nine (49) or less, or has a mental age of seven (7) or less based on a comprehensive test of intelligence; (B) The person is declared legally incapacitated as defined in section 475.010, RSMo; or (C) Medical documentation or other documentation acceptable to the department supports a finding that the person is incapable of forming intent to be domiciled in Missouri. (6) The domicile of a person at or over the age of eighteen (18) who is incapable of forming intent to be domiciled under section (5) of this rule shall be the current domicile of the person’s guardian, unless the person has previously established domicile in and continuously resided in the state of Missouri, in which case, domicile shall remain the state of Missouri. (7) Domiciliary status shall not be conferred on persons placed in institutions in Missouri by another state. (8) Missouri is not the state of domicile when the person— (A) Removes him/herself and his/her personal effects from Missouri with an intent to establish domicile elsewhere; (B) Accepts employment, other than on a temporary basis, in another state and does not retain a residence in Missouri; (C) Accepts public assistance from another state; (D) Becomes a registered voter in another state; (E) Renounces Missouri as his/her state of domicile; (F) Licenses his/her motor vehicle in another state; or (G) Performs any other act which indicates intent to abandon Missouri as state of domicile. AUTHORITY: sections 630.050 and 630.210, RSMo 2016.* Original rule filed Nov. 22, 1983, effective April 15, 1984. Amended: Filed Dec. 4, 1990, effective April 29, 1991. Amended: Filed Nov. 4, 2016, effective June 30, 2017. *Original authority: 630.050, RSMo 1980, amended 1993, 1995, 2008 and 630.210, RSMo 1980, amended 1981, 1982, 1993, 2004, 2011.