Bill Text: PA HB321 | 2011-2012 | Regular Session | Introduced

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Bill Title: In support of the indigent, repealing provisions relating to relatives' liability.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced - Dead) 2011-01-31 - Referred to JUDICIARY [HB321 Detail]

Download: Pennsylvania-2011-HB321-Introduced.html

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PRINTER'S NO. 276
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 321 Session of2011
INTRODUCED BY DeLUCA, D. COSTA, FABRIZIO, HARKINS, HORNAMAN, LONGIETTI, WHITE, JOSEPHS, YOUNGBLOOD AND KOTIK, JANUARY 31, 2011
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2011
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in support of the indigent, repealing
provisions relating to relatives' liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4603 of Title 23 of the Pennsylvania
Consolidated Statutes is repealed:
[§ 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
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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.]
Section 2. This act shall take effect immediately.
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