State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-6 > Chapter-252 > 252-16

        252.16  SETTLEMENT -- HOW ACQUIRED.
         A legal settlement in this state may be acquired as follows:
         1.  A person continuously residing in a county in this state for a
      period of one year acquires a settlement in that county except as
      provided in subsection 7 or 8.
         2.  A person having acquired a settlement in a county of this
      state shall not acquire a settlement in any other county until the
      person has continuously resided in the other county for a period of
      one year except as provided in subsection 7.
         3.  A person who is an inpatient, a resident, or an inmate of or
      is supported by an institution whether organized for pecuniary profit
      or not or an institution supported by charitable or public funds in a
      county in this state does not acquire a settlement in the county
      unless the person before becoming an inpatient, a resident, or an
      inmate in the institution or being supported by an institution has a
      settlement in the county.  A minor child residing in an institution
      assumes the settlement of the child's custodial parent.  Settlement
      of the minor child changes with the settlement of the child's
      custodial parent, except that the child retains the settlement that
      the child's custodial parent has on the child's eighteenth birthday
      until the child is discharged from the institution, at which time the
      child acquires the child's own settlement by continuously residing in
      a county for one year.
         4. a.  Minor children who reside with both parents take the
      settlement of the parents.  If the minor child resides on a permanent
      basis with only one parent or a guardian, the minor child takes the
      settlement of the parent or guardian with whom the child resides.
         b.  An emancipated minor acquires a legal settlement in the
      minor's own right.  An emancipated minor is one who is absent from
      the minor's parents with the consent of the parents, is
      self-supporting, and has assumed a new relationship inconsistent with
      being a part of the family of the parents.
         c.  A minor, placed in the care of a public agency or facility
      as custodian or guardian, takes the legal settlement that the parents
      had upon severance of the parental relationship, and retains that
      legal settlement until a natural person is appointed custodian or
      guardian at which time the minor takes the legal settlement of the
      natural person or until the minor person attains the age of eighteen
      and acquires another legal settlement in the person's own right.
         5.  A person with settlement in this state who becomes a member on
      active duty of an armed service of the United States retains the
      settlement during the period of active duty.  A person without
      settlement in this state who is a member on active duty of an armed
      service of the United States within the borders of this state does
      not acquire settlement during the period of active duty.
         6. a.  Subsections 1, 2, 3, 7, and 8 do not apply to a blind
      person who is receiving assistance under the laws of this state.
         b.  A blind person who has resided in one county of this state
      for a period of six months acquires legal settlement for support as
      provided in this chapter, except as specified in paragraph "c".
         c.  A blind person who is an inpatient or resident of, is
      supported by, or is receiving treatment or support services from a
      state resource center created under chapter 222, a state mental
      health institute created under chapter 226, the Iowa braille and
      sight saving school administered by the state board of regents, or
      any community-based provider of treatment or services for mental
      retardation, developmental disabilities, mental health, or substance
      abuse, does not acquire legal settlement in the county in which the
      institution, facility, or provider is located, unless the blind
      person has resided in the county in which the institution, facility,
      or provider is located for a period of six months prior to the date
      of commencement of receipt of assistance under the laws of this state
      or for a period of six months subsequent to the date of termination
      of assistance under the laws of this state.
         7.  A person hospitalized in or receiving treatment at a state
      mental health institute or state resource center does not acquire
      legal settlement in the county in which the institute or resource
      center is located unless the person is discharged from the institute
      or resource center, continuously resides in the county for a period
      of one year subsequent to the discharge, and during that year is not
      hospitalized in and does not receive treatment at the institute or
      resource center.
         8.  A person receiving treatment or support services from any
      provider, whether organized for pecuniary profit or not or whether
      supported by charitable or public or private funds, that provides
      treatment or services for mental retardation, developmental
      disabilities, mental health, brain injury, or substance abuse does
      not acquire legal settlement in a county unless the person
      continuously resides in that county for one year from the date of the
      last treatment or support service received by the person.  
         Section History: Early Form
         [C51, § 808; R60, § 1376; C73, § 1352; C97, § 2224; C24, 27, 31,
      35, § 5311; C39, § 3828.088; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 252.16] 
         Section History: Recent Form
         84 Acts, ch 1165, § 1; 87 Acts, ch 50, § 1, 2; 94 Acts, ch 1186,
      §34; 95 Acts, ch 119, §2; 97 Acts, ch 75, § 1; 97 Acts, ch 169, § 27;
      98 Acts, ch 1181, §8; 2000 Acts, ch 1112, §51; 2009 Acts, ch 41, §263

         Referred to in § 222.60, 252.22
         Applicability of 1995 amendments to subsection 6; redetermination
      of legal settlement for certain blind persons; exception to § 252.17;
      95 Acts, ch 119, § 4--6

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-6 > Chapter-252 > 252-16

        252.16  SETTLEMENT -- HOW ACQUIRED.
         A legal settlement in this state may be acquired as follows:
         1.  A person continuously residing in a county in this state for a
      period of one year acquires a settlement in that county except as
      provided in subsection 7 or 8.
         2.  A person having acquired a settlement in a county of this
      state shall not acquire a settlement in any other county until the
      person has continuously resided in the other county for a period of
      one year except as provided in subsection 7.
         3.  A person who is an inpatient, a resident, or an inmate of or
      is supported by an institution whether organized for pecuniary profit
      or not or an institution supported by charitable or public funds in a
      county in this state does not acquire a settlement in the county
      unless the person before becoming an inpatient, a resident, or an
      inmate in the institution or being supported by an institution has a
      settlement in the county.  A minor child residing in an institution
      assumes the settlement of the child's custodial parent.  Settlement
      of the minor child changes with the settlement of the child's
      custodial parent, except that the child retains the settlement that
      the child's custodial parent has on the child's eighteenth birthday
      until the child is discharged from the institution, at which time the
      child acquires the child's own settlement by continuously residing in
      a county for one year.
         4. a.  Minor children who reside with both parents take the
      settlement of the parents.  If the minor child resides on a permanent
      basis with only one parent or a guardian, the minor child takes the
      settlement of the parent or guardian with whom the child resides.
         b.  An emancipated minor acquires a legal settlement in the
      minor's own right.  An emancipated minor is one who is absent from
      the minor's parents with the consent of the parents, is
      self-supporting, and has assumed a new relationship inconsistent with
      being a part of the family of the parents.
         c.  A minor, placed in the care of a public agency or facility
      as custodian or guardian, takes the legal settlement that the parents
      had upon severance of the parental relationship, and retains that
      legal settlement until a natural person is appointed custodian or
      guardian at which time the minor takes the legal settlement of the
      natural person or until the minor person attains the age of eighteen
      and acquires another legal settlement in the person's own right.
         5.  A person with settlement in this state who becomes a member on
      active duty of an armed service of the United States retains the
      settlement during the period of active duty.  A person without
      settlement in this state who is a member on active duty of an armed
      service of the United States within the borders of this state does
      not acquire settlement during the period of active duty.
         6. a.  Subsections 1, 2, 3, 7, and 8 do not apply to a blind
      person who is receiving assistance under the laws of this state.
         b.  A blind person who has resided in one county of this state
      for a period of six months acquires legal settlement for support as
      provided in this chapter, except as specified in paragraph "c".
         c.  A blind person who is an inpatient or resident of, is
      supported by, or is receiving treatment or support services from a
      state resource center created under chapter 222, a state mental
      health institute created under chapter 226, the Iowa braille and
      sight saving school administered by the state board of regents, or
      any community-based provider of treatment or services for mental
      retardation, developmental disabilities, mental health, or substance
      abuse, does not acquire legal settlement in the county in which the
      institution, facility, or provider is located, unless the blind
      person has resided in the county in which the institution, facility,
      or provider is located for a period of six months prior to the date
      of commencement of receipt of assistance under the laws of this state
      or for a period of six months subsequent to the date of termination
      of assistance under the laws of this state.
         7.  A person hospitalized in or receiving treatment at a state
      mental health institute or state resource center does not acquire
      legal settlement in the county in which the institute or resource
      center is located unless the person is discharged from the institute
      or resource center, continuously resides in the county for a period
      of one year subsequent to the discharge, and during that year is not
      hospitalized in and does not receive treatment at the institute or
      resource center.
         8.  A person receiving treatment or support services from any
      provider, whether organized for pecuniary profit or not or whether
      supported by charitable or public or private funds, that provides
      treatment or services for mental retardation, developmental
      disabilities, mental health, brain injury, or substance abuse does
      not acquire legal settlement in a county unless the person
      continuously resides in that county for one year from the date of the
      last treatment or support service received by the person.  
         Section History: Early Form
         [C51, § 808; R60, § 1376; C73, § 1352; C97, § 2224; C24, 27, 31,
      35, § 5311; C39, § 3828.088; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 252.16] 
         Section History: Recent Form
         84 Acts, ch 1165, § 1; 87 Acts, ch 50, § 1, 2; 94 Acts, ch 1186,
      §34; 95 Acts, ch 119, §2; 97 Acts, ch 75, § 1; 97 Acts, ch 169, § 27;
      98 Acts, ch 1181, §8; 2000 Acts, ch 1112, §51; 2009 Acts, ch 41, §263

         Referred to in § 222.60, 252.22
         Applicability of 1995 amendments to subsection 6; redetermination
      of legal settlement for certain blind persons; exception to § 252.17;
      95 Acts, ch 119, § 4--6

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-6 > Subtitle-6 > Chapter-252 > 252-16

        252.16  SETTLEMENT -- HOW ACQUIRED.
         A legal settlement in this state may be acquired as follows:
         1.  A person continuously residing in a county in this state for a
      period of one year acquires a settlement in that county except as
      provided in subsection 7 or 8.
         2.  A person having acquired a settlement in a county of this
      state shall not acquire a settlement in any other county until the
      person has continuously resided in the other county for a period of
      one year except as provided in subsection 7.
         3.  A person who is an inpatient, a resident, or an inmate of or
      is supported by an institution whether organized for pecuniary profit
      or not or an institution supported by charitable or public funds in a
      county in this state does not acquire a settlement in the county
      unless the person before becoming an inpatient, a resident, or an
      inmate in the institution or being supported by an institution has a
      settlement in the county.  A minor child residing in an institution
      assumes the settlement of the child's custodial parent.  Settlement
      of the minor child changes with the settlement of the child's
      custodial parent, except that the child retains the settlement that
      the child's custodial parent has on the child's eighteenth birthday
      until the child is discharged from the institution, at which time the
      child acquires the child's own settlement by continuously residing in
      a county for one year.
         4. a.  Minor children who reside with both parents take the
      settlement of the parents.  If the minor child resides on a permanent
      basis with only one parent or a guardian, the minor child takes the
      settlement of the parent or guardian with whom the child resides.
         b.  An emancipated minor acquires a legal settlement in the
      minor's own right.  An emancipated minor is one who is absent from
      the minor's parents with the consent of the parents, is
      self-supporting, and has assumed a new relationship inconsistent with
      being a part of the family of the parents.
         c.  A minor, placed in the care of a public agency or facility
      as custodian or guardian, takes the legal settlement that the parents
      had upon severance of the parental relationship, and retains that
      legal settlement until a natural person is appointed custodian or
      guardian at which time the minor takes the legal settlement of the
      natural person or until the minor person attains the age of eighteen
      and acquires another legal settlement in the person's own right.
         5.  A person with settlement in this state who becomes a member on
      active duty of an armed service of the United States retains the
      settlement during the period of active duty.  A person without
      settlement in this state who is a member on active duty of an armed
      service of the United States within the borders of this state does
      not acquire settlement during the period of active duty.
         6. a.  Subsections 1, 2, 3, 7, and 8 do not apply to a blind
      person who is receiving assistance under the laws of this state.
         b.  A blind person who has resided in one county of this state
      for a period of six months acquires legal settlement for support as
      provided in this chapter, except as specified in paragraph "c".
         c.  A blind person who is an inpatient or resident of, is
      supported by, or is receiving treatment or support services from a
      state resource center created under chapter 222, a state mental
      health institute created under chapter 226, the Iowa braille and
      sight saving school administered by the state board of regents, or
      any community-based provider of treatment or services for mental
      retardation, developmental disabilities, mental health, or substance
      abuse, does not acquire legal settlement in the county in which the
      institution, facility, or provider is located, unless the blind
      person has resided in the county in which the institution, facility,
      or provider is located for a period of six months prior to the date
      of commencement of receipt of assistance under the laws of this state
      or for a period of six months subsequent to the date of termination
      of assistance under the laws of this state.
         7.  A person hospitalized in or receiving treatment at a state
      mental health institute or state resource center does not acquire
      legal settlement in the county in which the institute or resource
      center is located unless the person is discharged from the institute
      or resource center, continuously resides in the county for a period
      of one year subsequent to the discharge, and during that year is not
      hospitalized in and does not receive treatment at the institute or
      resource center.
         8.  A person receiving treatment or support services from any
      provider, whether organized for pecuniary profit or not or whether
      supported by charitable or public or private funds, that provides
      treatment or services for mental retardation, developmental
      disabilities, mental health, brain injury, or substance abuse does
      not acquire legal settlement in a county unless the person
      continuously resides in that county for one year from the date of the
      last treatment or support service received by the person.  
         Section History: Early Form
         [C51, § 808; R60, § 1376; C73, § 1352; C97, § 2224; C24, 27, 31,
      35, § 5311; C39, § 3828.088; C46, 50, 54, 58, 62, 66, 71, 73, 75,
      77, 79, 81, § 252.16] 
         Section History: Recent Form
         84 Acts, ch 1165, § 1; 87 Acts, ch 50, § 1, 2; 94 Acts, ch 1186,
      §34; 95 Acts, ch 119, §2; 97 Acts, ch 75, § 1; 97 Acts, ch 169, § 27;
      98 Acts, ch 1181, §8; 2000 Acts, ch 1112, §51; 2009 Acts, ch 41, §263

         Referred to in § 222.60, 252.22
         Applicability of 1995 amendments to subsection 6; redetermination
      of legal settlement for certain blind persons; exception to § 252.17;
      95 Acts, ch 119, § 4--6