THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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Consolidated Statutes is repealed: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

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.