Rule 23-102-1.11 - Determination of Residency (Under Age 21)A. Determine residency for persons under age twenty-one (21) as follows: 1. Not in an Institution or Under Parental Care and Control.a) If a non-institutionalized individual under age twenty-one (21) is emancipated from his/her parents or is married and capable of stating intent, the state of residence is where the individual is living with the intent to remain permanently or for an indefinite period.2. Blind or Disabled Not in an Institution. a) An individual, under age twenty-one (21) and in a private living arrangement, whose eligibility is based on blindness or disability, is a resident of the state where the individual is actually living.3. Others under twenty-one (21) Not Living in an Institution. a) The state where the individual resides, with or without a fixed address, orb)The state of residency of the parent, caretaker or guardian with whom the individual resides.4. Under twenty-one (21), In an Institution and Under Parental Care and Control a) The state of residence is: 1) The parent's state of residence at the time of placement; however, if a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parents; or2)The current state of residence of the parent who files the application, if the individual is residing in an institution in that state. However, if a legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parents, or3)The state of residence of the individual party that files an application if the individual: (a)Has been abandoned by his parent(s),(b)Does not have a legal guardian and(c)Is residing in an institution in that state.23 Miss. Code. R. 102-1.11
42 CFR §435.403 (Rev. 2012).