2-003.05 Institutionalized Individuals

469 NAC 2-003.05

The state where the institution is located is the individual's state of residence unless the worker determines that the individual is a resident of another state, according to the following regulations.

For any institutionalized individual who is age 20 or younger or who is age 21 or older and became incapable of indicating intent before reaching age 21, the state of residence is:

1. That of his/her parent(s), or his/her legal guardian at the time of placement; or

2. That of the parent(s) or legal guardian if the individual is institutionalized in that state.

For any institutionalized individual who became incapable of indicating intent at or after reaching age 21, the state of residence is the state in which the individual is physically present except where another state makes a placement.