N.D. Cent. Code § 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.