ARSD 67:46:01:24. Residency determinations -- Individuals aged 21 and over residing in long-term care facilities -- Incapable of indicating intent before age 21

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) If the individual is neither married nor emancipated, the state of residence may be determined by one of the following: (a) The state of residence is that of the parent's state of residence at the time of placement; (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; (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 (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) 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.