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• Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the state in the field of mental Developmental Disability.

2406.20.05 RESIDENCY OF NON-INSTITUTIONALIZED INDIVIDUALS Individuals under age 21: • The state of residence is the state where the individual is currently living. • If the individual is emancipated from his parents or married, and can indicate intent, the state of residence is the state where he is living with the intention to live there permanently or indefinitely.40

Individual’s age 21 and over, the state of residence is the state where the individual is: • Living with the intention to remain there permanently or indefinitely. • Living and where he entered with a job commitment or seeking employment (whether currently employed); or • Living, if incapable of indicating intent.41

2406.20.10 RESIDENCY OF INSTITUTIONALIZED INDIVIDUALS Individuals under age 21:

For any institutionalized individual who is neither married nor emancipated, the state of residence is one of the following: • The parents' state of residence at the time of the individual's placement in the institution (if a legal guardian has been appointed and parental rights are terminated, the guardian's state of residence is used instead of the parents') • The current state of residence of the parent who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's) • The state of residence of the person who filed the application if the individual has been abandoned by his parents, does not have a legal guardian, and is institutionalized in that state.42