S.D. Admin. R. 67:46:01:20

Current through Register Vol. 51, page 51, October 21, 2024

Section 67:46:01:20 - Incapability of indicating intent

The department shall consider an individual incapable of indicating intent if the individual meets one of the following:

(1) The individual has been judged legally incompetent by a court;

(2) A physician, psychologist, or a qualified developmental disability professional has found the individual to be incapable of indicating intent and has based this finding on medical evidence; or

(3) A psychologist has determined that the individual has an IQ of 49 or less or a mental age of 7 or less and has based this determination on tests appropriate for the individual being tested.

S.D. Admin. R. 67:46:01:20

Transferred from § 67:46:03:07, 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

State residence -- Individual considered incapable of indicating intent, 42 C.F.R. § 435.403 (c) (July 12, 2006).