§ 153A-257. Legal residence for social service purposes.
§ 153A‑257. Legal residence for social servicepurposes.
(a) Legal residence in a county determines which county isresponsible (i) for financial support of a needy person who meets theeligibility requirements for a public assistance or medical care programoffered by the county or (ii) for other social services required by the person.
Legal residence in a county is determined as follows:
(1) Except as modified below, a person has legal residence inthe county in which he resides.
(2) If a person is in a hospital, mental institution, nursinghome, boarding home, confinement facility, or similar institution or facility,he does not, solely because of that fact, have legal residence in the county inwhich the institution or facility is located.
(3) A minor has the legal residence of the parent or otherrelative with whom he resides. If the minor does not reside with a parent orrelative and is not in a foster home, hospital, mental institution, nursinghome, boarding home, educational institution, confinement facility, or similarinstitution or facility, he has the legal residence of the person with whom heresides. Any other minor has the legal residence of his mother, or if herresidence is not known then the legal residence of his father; if his mother's orfather's residence is not known, the minor is a legal resident of the county inwhich he is found.
(b) A legal residence continues until a new one is acquired,either within or outside this State. When a new legal residence is acquired,all former legal residences terminate.
(c) This section is intended to replace the law defining"legal settlement." Therefore any general law or local act thatrefers to "legal settlement" is deemed to refer to this section andthe rules contained herein.
(d) If two or more county departments of social servicesdisagree regarding the legal residence of a minor in a child abuse, neglect, ordependency case, any one of the county departments of social services may referthe issue to the Department of Health and Human Services, Division of SocialServices, for resolution. The Director of the Division of Social Services orthe Director's designee shall review the pertinent background facts of the caseand shall determine which county department of social services shall be responsiblefor providing protective services and financial support for the minor inquestion. (1777, c. 117, s. 16,P.R.; R.C., c. 86, s. 12; Code, s. 3544; Rev., s. 1333; C.S., s. 1342; 1931, c.120; 1943, c. 753, s. 2; 1959, c. 272; 1973, c. 822, s. 1; 2003‑304, s.7.)