Pennsylvania Act 1937-397 — "THE SUPPORT LAW" - REPEALED

Act text

AN ACT

Relating to the support of indigent persons; providing for the support of such persons by certain relatives, and for the recovery of public moneys expended for care and assistance from the property and estates of certain persons; providing for guardians of the person and property of such persons; providing for the arrest and seizure and sale of the property of deserters; and providing procedure. (Title amended Sept. 26, 1951, P.L.1455, No.354)

Be it enacted, &c., That,

Section 1. Short Title.--This act shall be known and may be cited, as "The Support Law."

Section 2. Definitions.--The masculine pronoun when used in this act shall be construed to include the feminine.

The word court, as used in this act, shall be construed to mean the court of quarter sessions of the peace of any county, the Municipal Court of Philadelphia County, and the county court of Allegheny County.

(2 amended May 9, 1949, P.L.904, No.247)

Section 3. Relatives Liable for the Support of Indigent Persons; Procedure to Enforce Support.--(a) The husband, wife, child, (except as hereinafter provided), father and mother of every indigent person, whether a public charge or not, shall, if of sufficient financial ability, care for and maintain, or financially assist, such indigent person at such rate as the court of the county, where such indigent person resides shall order or direct. No child shall be liable for the support of any parent who abandoned the child and persisted in the abandonment for a period of ten years during the child's minority. In respect to medical assistance for the aged other than public nursing home care, as provided in the Public Assistance Law, the responsibility of the relative liable for support shall, during any twelve month period, be six times the excess of such relatives average monthly income over the amount required for the reasonable support of himself and other persons dependent upon him, or the cost of such medical assistance for the aged, whichever is less: Provided, however, That the Department of Public Welfare may, by reasonable regulations, adjust such relative's responsibility as herein set forth, including complete elimination thereof, at a cost to the Commonwealth not exceeding those funds certified from time to time by the Budget Secretary as available for such purpose. ((a) amended July 26, 1963, P.L.318, No.172)

(b) The courts shall have power to hear, determine and make orders and decrees in such cases upon the petition of such indigent person or of any other person or any public body or public agency having any interest in the care, maintenance or assistance of such indigent person. ((b) amended Aug. 22, 1961, P.L.1029, No.464)

(c) In all cases where an order has been made by the court for the care and maintenance or assistance of a husband, wife, father, mother or child, whether or not confined in any public institution, and the said order has not been complied with, the court or any judge thereof, upon affidavit or petition filed setting forth that the person on whom the said order has been made has not complied with the said order, shall issue an attachment, directed to the sheriff or other proper officer of the county, directing and commanding that the person named as having failed to comply with said order be brought before the court at such time as the court may direct. If it shall appear to the court after hearing that the person on whom the said order was made has wilfully neglected or refused to comply with said order, the court may adjudge said person in contempt of court and, in its discretion, may commit said person to the county jail for a period not exceeding six months. ((c) amended Aug. 22, 1961, P.L.1029, No.464)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Compiler's Note: Section 3 was suspended by Pennsylvania Rule of Civil Procedure No. 1910.50, adopted November 7, 1988, insofar as it provides a procedure to enforce the liability of relatives for the support of an indigent person.

Compiler's Note: Section 10(a) of Act 202 of 1976 provided that section 3 is repealed insofar as it is inconsistent with Act 202.

Section 4. Property of Persons Liable for Expenses Incurred for Support and Assistance.--(a) Except as limited by subsection (c) hereof, the personal property of any person shall be liable for the expenses of his support, maintenance, assistance and burial, and for the expenses of the support, maintenance, assistance and burial of the spouse and unemancipated minor children of such property owner, incurred by any public body or public agency, if such property was owned during the time such expenses were incurred, or if a right or cause of action existed during the time such expenses were incurred from which the ownership of such property resulted. Any public body or public agency may sue the owner of such property for moneys so expended, and any judgment obtained shall be a lien upon the said estate of such person and be collected as other judgments, except as to the real and personal property comprising the home and furnishings of such person.

(b) Except as limited by subsection (c) hereof, any claim for the expenses of support, maintenance, assistance and burial of a person and for the support, maintenance, assistance and burial of his spouse and unemancipated minor children, held by any public body or public agency, shall have the same 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.

(c) No lien may be imposed against the real property which is the primary residence of any individual or of his spouse on account of assistance paid or to be paid on his behalf (except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual), and there shall be no adjustment or recovery from such individual's estate or from the estate of his spouse of any assistance correctly paid on behalf of such individual.

(4 amended June 7, 1993, P.L.84, No.17)

Compiler's Note: Section 18 of Act 49 of 1994 provided that section 4(c) is repealed insofar as it is inconsistent with Act 49.

Compiler's Note: Section 2 of Act 17 of 1993, which amended section 4, provided that real property used as the primary residence of an individual which, as of the effective date of Act 17, is subject to a lien under section 4 is released from the lien.

Section 5. Recovery of Moneys Due Persons Publicly Cared for or Assisted.--(a) Whenever any person shall become a public charge or receive public assistance, the public body or public agency caring for or furnishing such assistance may sue for and recover any sum of money due such person;

(b) Such suit shall be brought in the name of such person for the use of such public body or public agency. Proof that the person to whom such money is due became a public charge, or was publicly assisted, shall be conclusive of the right to recover whatever may be legally due such person. If the amount due shall have been reduced to judgment, the public body or public agency may be substituted as plaintiff in the judgment. If the sum due is founded on an order or decree of court, the public body or public agency shall have the right to recover the same;

(c) Should such person become self-supporting, or be supported by a relative or friend, then any moneys recovered and not expended in the care or assistance of such person shall belong to him. In case of his death, moneys not expended for his care, assistance and burial shall belong to his estate.

Section 6. Guardians for Persons Being Cared for or Assisted.--(a) Any public body or public agency caring for or assisting any indigent person may apply, by petition, to the court of common pleas, if the person is of full age, or to the orphans' court, if the person is a minor, for a citation upon such person to show cause why such public body or public agency, or some other person appointed by the court, should not become the legal guardian of the person and property of such person. Such petition shall have attached an inventory of the property. The court shall fix a day for hearing, of which due notice shall be served upon said person;

(b) After hearing, the court may make an order constituting the public body, public agency, or some other person, guardian of the person and estate of such person, whether or not all of such estate was enumerated in the inventory. Such proceedings and order shall be indexed in the name of such person in the adsectum equity index, or the orphans' court index, as the case may be, which indexing, in either office, shall be notice of such facts;

(c) No such person shall be discharged from such guardianship until he has made application to the proper court, by petition, for a citation upon the guardian. If the court is satisfied that the person has become able and willing to resume control of his own person and estate, and that the public body or public agency has been fully reimbursed for the expense of his care or assistance, or that all of his estate has been applied thereon, it may terminate the guardianship. The cost of such proceedings shall be paid by the petitioner, unless otherwise ordered by the court;

(d) Under the supervision of the court of common pleas, or the orphans' court, as the case may be, the guardian may make leases for a term of years of the real estate of any such person, and receive the rents, issues and profits thereof, and apply the proceeds to defray the expenses incurred in the care or assistance and burial of such person. The balance thereof shall be paid to the legal representatives of such person, after his or her death, or to such person upon termination of the guardianship.

Section 7. Seizure of Property of Deserters.--(7 repealed Oct. 31, 1985, P.L.264, No.66)

Section 8. Repeal.--All acts and parts of acts inconsistent herewith are hereby repealed.

Section 9. Effective Date.--This act shall become effective immediately upon final enactment.