Section 1200.100  Resident of Illinois

a)         Definition

Resident of Illinois means:

1)         Any person "living in the State of Illinois" with the intent to remain in the State indefinitely.  The term "living in the State of Illinois" shall be limited to all persons whose primary domicile is located within the State. Intent to remain indefinitely is established through a showing that a person has significant contacts with the State of Illinois, which may be evidenced by maintaining a bank account in the State, registering to vote in the State, paying Illinois income taxes, obtaining permanent employment within the State, owning real estate within the State, possessing an Illinois driver's license, Secretary of State identification, or similar permits, or any other similar documentation;

2)         Any person who is present in the State of Illinois for the purpose of performing migrant agricultural labor and who evidences a pattern of regularly returning to the State to perform that work or who expresses an intention to establish a pattern of regularly returning to the State to perform that work.  Migrant agricultural labor is defined as agricultural work of a seasonal or temporary nature that requires the worker to be away from his or her permanent place of residence to perform the work more than overnight; or

3)         Any person who is an active duty member of the U.S. military and on official military assignment within the State of Illinois, whether or not he or she maintains residence in another state, or any person who is an active duty member of the U.S. military on official military assignment in another state or country who pays Illinois income taxes.

b)         LRA Illinois Residency for Financial Assistance 

When the LRA is no longer a resident of Illinois and the LRA is not the recipient child, financial assistance may be provided to the recipient child not to exceed 12 months from the date of the change of the LRA's residency status if:

1)         The LRA was a resident of Illinois when the recipient child became eligible; and

2)         The recipient child remains a resident of Illinois and one of the following applies:

A)        An active DSCC supported treatment plan for the recipient child's medically eligible condition was in progress at the time the LRA lost residency status;

B)        Discontinuation of treatment would result in probable harm to the recipient child or there is an adverse outcome of treatment, as determined in the sole discretion of the Director or designee; or

C)        Legal action is in progress that will establish legal guardianship of the recipient child with a person or agency located in Illinois.

c)         Self-Attestation

If documentation cannot be provided to substantiate the requirements of subsections (a)(1) and (a)(2), these requirements may be substantiated by the LRA's attestation. No further information, including documentation, shall be required from the LRA. The attestation shall be signed by the LRA and one witness.