Determination of Residency (Under Age 21)

Determination of Residency (Under Age 21) A. If a non-institutionalized individual under age twenty-one (21) is an emancipated minor or is married and capable of stating intent, the state of residence is where the individual is living with the intent to remain permanently or for an indefinite period. B. A non-institutionalized individual under age twenty-one (21) whose eligibility is based on blindness or disability is a resident of the state where the individual is actually living. C. Others under twenty-one (21) Not Living in an Institution 1. The state of residence is the state where the individual resides, with or without a fixed address; or 2. The state of residency of the parent, caretaker or guardian with whom the individual resides. D. Under twenty-one (21), in an Institution and Under Parental Care and Control 1. The state of residence is the custodial parents’ (or custodial parent's) state of residence at the time of placement. However, if a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parent’s or parents’; or 2. The state of residence is the current state of residence of the parent who files the application, if the individual is residing in an institution in that state. However, if a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parent’s or parents’; or 3. The state of residence is the state of residence of the party that files an application if the institutionalized individual: a) Has been abandoned by the individual’s parent(s), b) Does not have a legal guardian, and c) Is residing in an institution in that state.