Section 29-7002. DOMICILE - DETERMINING THE PERSON THROUGH WHOM DOMICILE IS ESTABLISHED

 

7002.1The domicile of an applicant who is an unemancipated minor is the domicile of the minor’s parents or legal guardian.

 

7002.2If the parents of an unemancipated minor are legally separated by court order or divorced, the domicile of the unemancipated minor may be any one of the following that places the minor’s domicile in the District of Columbia:

 

(a)The domicile of the parent with whom the minor resides more than 50% of the time;

 

(b)The domicile of the parent who claims the minor as a dependent for federal and District of Columbia income tax purposes;

 

(c)If neither parent claims the minor as a dependent for federal and District of Columbia income tax purposes, the domicile of theparent who provides substantial financial support; or

 

(d)If the parents have joint custody of the minor by court order, the domicile of the minor may be the domicile of either parent.

 

7002.3If the parents have different domiciles, but have not been divorced or legally separated by court order, the unemancipated minor may claim the domicile of the parent, if any, who is domiciled in the District of Columbia.

 

7002.4An applicant 18 years of age or older is presumed to have the domicile of the parent or legal guardian listing the applicant as a dependent in the State income tax return of the parent or legal guardian or providing substantial financial support to the applicant. The applicant may seek to rebut this presumption by showing, by a preponderance of the evidence, a domicile independent of such parent or legal guardian regardless of financial dependency.

 

7002.5The domicile of an independent applicant or an emancipated minor is determined by considering whether the independent applicant or emancipated minor has established the District of Columbia as his or her domicile.

 

7002.6The domicile of an applicant is the District of Columbia where the applicant is under the jurisdiction of the Superior Court of the District of Columbia pursuant to Chapter 23 of Title 16 of the District of Columbia Code or where a written statement of relinquishment of parental rights is filed in the Superior Court of the District of Columbia pursuant to D.C. Code, 2001 Ed. §4-1406.

 

7002.7For situations other than those described above in this section, which involve unusual or special circumstances (e.g., an unemancipated minor has been abandoned by his or her parents and another person exercises parental responsibilities on behalf of the applicant), the Grant Program Office may determine on a case-by-case basis the person through whom domicile may be established based on the particular facts and any relevant legal requirements regarding the establishment of domicile.

 

source

Final Rulemaking published at 48 DCR 5013, 5015 (June 1, 2001).