50-24.5-07. Residency

50-24.5-07. Residency For purposes of this chapter: 1. A person is a resident of this state if: a. The person is not living in an institution and is living in this state: (1) With intent to remain in this state permanently or for an indefinite period; or (2) Without intent if the person is incapable of stating intent. b. The person is living in an institution outside this state and was receiving a benefit under chapter 50-01 on January 1, 1995. c. The person was placed in an out-of-state institution by a human service zone or the department while the person was incapable of indicating intent. d. The person is living in an in-state institution, has lived in that institution for at least thirty days, and was not placed in that institution by another state. A person placed in an institution by another state is a resident of the state making the placement. Any action beyond providing information to the person and the person's family constitutes arranging or making a state placement. However, the following actions do not constitute state placement: (1) Providing basic information about this chapter and information about the availability of this chapter; or (2) Assisting a person in locating an institution in this state, if the person is capable of indicating intent and independently decides to move. 2. A person who is a resident of this state is a resident of the human service zone in which the person is a resident for purposes of chapter 50-01.