North Dakota Code 50-24.5-07 – Residency
For purposes of this chapter:
Terms Used In North Dakota Code 50-24.5-07
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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.