Except as otherwise provided in this chapter, any person, in order to be entitled to assistance, shall have an established residency in the state, and in the county where the application is made. The residency shall be established by his personal presence, in a fixed and permanent abode and his intention to remain there. In determining the residency of an applicant the county commissioners may consider the establishment of a local bank account by the applicant, the applicant's driver's license address, an automobile registration, the enrollment of applicant's children in a local school, and the applicant's voter registration; however, the absence of any of the above considerations shall not be a positive determination of nonresidency.
S.D. Codified Laws § 28-13-3
Residency required for assistance--Establishment
Applied in 2 court decisions — leading case 396 F. Supp. 1 - Hawk v. Fenner (1975)
Most recently applied in Sioux Valley Hospital Ass'n v. Kingsbury County (November 1987)
Source: SDC 1939, § 50.0102 (4); SL 1976, ch 173, § 3; SL 1980, ch 202, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.