Evaluate the individual’s ability to indicate intent. Assume he is capable unless he meets the criteria in IV.C. Note: An inmate of a NC Division of Prisons facility is deemed to be a North Carolina resident, whether capable of indicating intent or not.
If the individual is capable of stating and does state his intent to remain in NC permanently or for an indefinite period, unless there reason to doubt, accept the statement and request documentation as outlined in II.A.7. “A reason to doubt” means that there is evidence that contradicts the individual’s intent to remain in NC.
REISSUED 08/01/13 – CHANGE NO. 04-13
c. State or private mental retardation center or mental hospital records,
d. School records,
e. Division of Vocational Rehabilitation records,
f. Division of Mental Health/Mental Retardation/Substance Abuse records,
g. Test(s) administered at the local mental health agency,
h. Psychological tests administered by a state psychologist or medical personnel, or
i. Legal determination of incompetence by the court.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.