act-2005-0-43•Pennsylvania Act 2005-43 — DOMESTIC RELATIONS (23 PA.C.S.) - CONSOLIDATING THE SUPPORT LAW, PROVIDING FOR PROPERTY OF PERSONS LIABLE FOR SUPPORT EXPENSES AND PROVIDING FOR DISPOSITION OF COMPLAINTS
Pennsylvania Act 2005-43 — DOMESTIC RELATIONS (23 PA.C.S.) - CONSOLIDATING THE SUPPORT LAW, PROVIDING FOR PROPERTY OF PERSONS LIABLE FOR SUPPORT EXPENSES AND PROVIDING FOR DISPOSITION OF COMPLAINTS
act-2005-0-432005 Pa. Act 43Law
Act text
DOMESTIC RELATIONS (23 PA.C.S.) - CONSOLIDATING THE SUPPORT LAW,
PROVIDING FOR PROPERTY OF PERSONS LIABLE FOR SUPPORT EXPENSES AND
PROVIDING FOR DISPOSITION OF COMPLAINTS
Act of Jul. 7, 2005, P.L. 196, No. 43 Cl. 23
Session of 2005
No. 2005-43
SB 86
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, consolidating The Support Law; further
providing for property of persons liable for support
expenses; further providing for disposition of complaints
received; and making a repeal related to the consolidation of
The Support Law.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated Statutes
is amended by adding a chapter to read:
CHAPTER 46
SUPPORT OF THE INDIGENT
Sec.
4601. Scope.
4602. Definitions.
4603. Relatives' liability; procedure.
4604. Property liable for expenses.
4605. Recovery of money.
4606. Guardian.
§ 4601. Scope.
This chapter relates to support of indigent persons.
§ 4602. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Court." A court of common pleas and the Philadelphia
Municipal Court.
"Department." The Department of Public Welfare of the
Commonwealth.
§ 4603. Relatives' liability; procedure.
(a) Liability.--
(1) Except as set forth in paragraph (2), all of the
following individuals have the responsibility to care for and
maintain or financially assist an indigent person, regardless
of whether the indigent person is a public charge:
(i) The spouse of the indigent person.
(ii) A child of the indigent person.
(iii) A parent of the indigent person.
(2) Paragraph (1) does not apply in any of the following
cases:
(i) If an individual does not have sufficient
financial ability to support the indigent person.
(ii) A child shall not be liable for the support of
a parent who abandoned the child and persisted in the
abandonment for a period of ten years during the child's
minority.
(b) Amount.--
(1) Except as set forth in paragraph (2), the amount of
liability shall be set by the court in the judicial district
in which the indigent person resides.
(2) For medical assistance for the aged other than
public nursing home care, as provided in section 401 of the
act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code, the following apply:
(i) Except as set forth in subparagraph (ii), the
amount of liability shall, during any 12-month period, be
the lesser of:
(A) six times the excess of the liable
individual's average monthly income over the amount
required for the reasonable support of the liable
individual and other persons dependent upon the
liable individual; or
(B) the cost of the medical assistance for the
aged.
(ii) The department may, by reasonable regulations,
adjust the liability under subparagraph (i), including
complete elimination of the liability, at a cost to the
Commonwealth not exceeding those funds certified by the
Secretary of the Budget as available for this purpose.
(c) Procedure.--A court has jurisdiction in a case under
this section upon petition of:
(1) an indigent person; or
(2) any other person or public body or public agency
having any interest in the care, maintenance or assistance of
such indigent person.
(d) Contempt.--
(1) If an individual liable for support under this
section fails to comply with an order under this section, the
court shall schedule a contempt hearing. At the hearing, if
the court determines that the individual liable for support
has intentionally failed to comply with the order, the court
may hold the individual in contempt of court and may sentence
the individual to up to six months' imprisonment.
(2) This subsection applies regardless of whether the
indigent person is confined in a public institution.
§ 4604. Property liable for expenses.
(a) General rule.--Except as limited by subsection (c), the
following apply:
(1) Subject to paragraph (2), the personal property of
an indigent person shall be liable for the expenses incurred
by a public body or public agency for the support,
maintenance, assistance and burial of:
(i) the indigent person;
(ii) the spouse of the indigent person; and
(iii) each unemancipated child of the indigent
person.
(2) Paragraph (1) applies to personal property if:
(i) the property was owned during the time the
expenses were incurred; or
(ii) during the time the expenses were incurred,
there existed a cause of action which resulted in the
ownership of the property.
(b) Suit.--
(1) A public body or public agency may sue the owner of
property referred to in this subsection for money expended.
(2) Except as set forth in paragraph (3) or subsection
(c), the following apply:
(i) A judgment obtained under this subsection shall
be a lien upon the estate of the defendant and may be
collected as other judgments.
(ii) A claim under this section shall have the force
and effect against the real and personal estate of a
deceased person as other debts of a decedent and shall be
ascertained and recovered in the same manner.
(3) Paragraph (2)(i) does not apply to the real and
personal property comprising the home and furnishings of the
defendant.
(c) Lien prohibited.--Except pursuant to the judgment of a
court on account of benefits incorrectly paid on behalf of an
individual, no lien may be imposed against the real property
which is the primary residence of any individual or of the
individual's spouse on account of assistance paid or to be paid
on the individual's behalf.
(d) Lien against proceeds.--In order to carry out the
purposes of this section, the department shall have a first lien
against the proceeds of any cause of action that existed during
the time an individual, his spouse or his unemancipated children
received cash assistance. Unless otherwise directed by the
department, no payment or distribution shall be made to a
claimant or claimant's designee of the proceeds of any action,
claim or settlement where the department has an interest without
first satisfying or assuring the satisfaction of the interest of
the Commonwealth. Any person who, after receiving notice of the
department's interest, knowingly fails to comply with this
subsection shall be liable to the department, and the department
may sue and recover from the person.
§ 4605. Recovery of money.
(a) Recovery.--Whenever any person shall become a public
charge or receive public assistance, the public body or public
agency caring for or furnishing the assistance to the person may
sue for and recover any sum of money which is due the person.
(b) Manner of suit.--A suit under subsection (a) shall be
brought in the name of the person for the use of the public body
or public agency. Proof that the person to whom the money is due
became a public charge or was publicly assisted shall be
conclusive proof of the right to recover whatever may be legally
due the person. If the amount due has been reduced to judgment,
the public body or public agency may be substituted as plaintiff
in the judgment. If the amount due is founded on an order or
decree of a court, the public body or public agency shall have
the right to recover the amount.
(c) Self-support.--If a person becomes self-supporting or
supported by a relative or friend, any money recovered and not
expended in the care or assistance of the person shall belong to
the person. In the case of the person's death, money not
expended for the person's care, assistance and burial shall
belong to the person's estate.
§ 4606. Guardian.
(a) Petition.--Any public body or public agency caring for
or assisting any indigent person may petition the court of
common pleas, if the person is of full age, or the orphans'
court, if the person is a minor, for a rule to show cause why
the public body, public agency or some other person appointed by
the court should not become the legal guardian of the person and
property of the person. The petition shall have attached an
inventory of the property of the person. The court shall
schedule a hearing on the matter and shall serve notice of the
hearing upon the person.
(b) Order.--After conducting a hearing pursuant to
subsection (a), the court may issue an order constituting the
public body, public agency or some other person, guardian of the
person and the estate of the person, whether or not all of the
estate was enumerated in the inventory provided under subsection
(a). The proceedings and order shall be indexed in the name of
the person pursuant to court rules.
(c) Discharge.--
(1) No person for whom a guardian has been appointed
under this section shall be discharged from the guardianship
until the person has petitioned the court for termination.
The court may terminate the guardianship if it is satisfied
that:
(i) the person has become able and willing to resume
control of the person's own person and estate; and
(ii) the public body or public agency has been fully
reimbursed for the expense of the person's care or
assistance or that all of the person's estate has been
expended for the reimbursement.
(2) The cost of the proceedings under this subsection
shall be paid by the petitioner unless otherwise ordered by
the court.
(d) Leases permitted.--Under the supervision of the
appropriate court, a guardian may lease the real estate of any
person for a term of years and receive and apply the proceeds of
the lease to defray the expenses incurred in the care or
assistance and burial of the person. The balance of the proceeds
shall be paid to the person upon termination of the guardianship
or to the legal representatives of the person after the person's
death.
Section 2. Section 6334 of Title 23 is amended by adding a
subsection to read:
§ 6334. Disposition of complaints received.
* * *
(d) Incidents occurring outside of this Commonwealth.--
(1) A report of suspected child abuse occurring in
another state where the child victim is identified as a
resident of this Commonwealth and the other state child
protective services agency cannot investigate the report
because of statutory or policy limitations shall be assigned
as a general protective services report to the county of the
child's residence or as determined by the department.
(2) In addition to complying with the other requirements
of this chapter and applicable regulations, a copy of the
report shall be provided to the other state's child
protective services agency and, when applicable under
Pennsylvania law, to law enforcement officials where the
incident occurred.
(3) Reports and information under this subsection shall
be provided within seven calendar days of completion of the
general protective services assessment under section 6375
(relating to county agency requirements for general
protective services).
Section 3. The act of June 24, 1937 (P.L.2045, No.397),
known as The Support Law, is repealed.
Section 4. The addition of 23 Pa.C.S. Ch. 46 is a
continuation of the act of June 24, 1937 (P.L.2045, No.397),
known as The Support Law. The following apply:
(1) Except as otherwise provided in 23 Pa.C.S. Ch. 46,
all activities initiated under The Support Law shall continue
and remain in full force and effect and may be completed
under 23 Pa.C.S. Ch. 46. Orders, regulations and decisions
which were made under The Support Law and which are in effect
on the effective date of section 2 of this act shall remain
in full force and effect until revoked, vacated or modified
under 23 Pa.C.S. Ch. 46. Contracts, obligations and
agreements entered into under The Support Law are not
affected nor impaired by the repeal of The Support Law.
(2) No provision of The Support Law which was suspended
by order of the Supreme Court shall be revived by the
addition of 23 Pa.C.S. Ch. 46.
(3) Except as set forth in paragraph (4), any difference
in language between 23 Pa.C.S. Ch. 46 and The Support Law is
intended only to conform to the style of the Pennsylvania
Consolidated Statutes and is not intended to change or affect
the legislative intent, judicial construction or
administration and implementation of The Support Law.
(4) Paragraph (3) does not apply to the addition of 23
Pa.C.S. § 4604(c) and (d).
(5) Any reference in a statute or a regulation to The
Support Law shall be deemed a reference to 23 Pa.C.S. Ch. 46.
Section 5. This act shall take effect immediately.
APPROVED--The 7th day of July, A. D. 2005.
EDWARD G. RENDELL
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