PRINTER'S NO. 527
No. 484 Session of 1971
INTRODUCED BY MESSRS. MELTON, RAPPAPORT AND VANN,
FEBRUARY 23, 1971
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 1971
AN ACT
1 Amending the act of June 24, 1937 (P.L.2045), entitled, as
2 amended, "An act relating to the support of indigent persons;
3 providing for the support of such persons by certain
4 relatives, and for the recovery of public moneys expended for
5 care and assistance from the property and estates of certain
6 persons; providing for guardians of the person and property
7 of such persons; providing for the arrest and seizure and
8 sale of the property of deserters; and providing procedure,"
9 further regulating the liability of relatives for the support
10 of indigent persons.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 3, act of June 24, 1937 (P.L.2045), known
14 as "The Support Law," amended August 22, 1961 (P.L.1029) and
15 July 26, 1963 (P.L.318), is amended to read:
16 Section 3. Relatives Liable for the Support of Indigent
17 Persons; Procedure to Enforce Support.--(a) The husband, wife,
18 adult child, (except as hereinafter provided), father and mother
19 of every indigent person, whether a public charge or not, shall,
20 if of sufficient financial ability, care for and maintain, or
21 financially assist, such indigent person at such rate as the
22 court of the county, where such indigent person resides shall
1 order or direct. No child shall be liable for the support of any
2 parent who abandoned the child and persisted in the abandonment
3 for a period of ten years during the child's minority. In
4 respect to medical assistance for the aged other than public
5 nursing home care, as provided in the Public Assistance Law, the
6 responsibility of the relative liable for support shall, during
7 any twelve month period, be six times the excess of such
8 relatives average monthly income over the amount required for
9 the reasonable support of himself and other persons dependent
10 upon him, or the cost of such medical assistance for the aged,
11 whichever is less: Provided, however, That the Department of
12 Public Welfare may, by reasonable regulations, adjust such
13 relative's responsibility as herein set forth, including
14 complete elimination thereof, at a cost to the Commonwealth not
15 exceeding those funds certified from time to time by the Budget
16 Secretary as available for such purpose.
17 (b) The courts shall have power to hear, determine and make
18 orders and decrees in such cases upon the petition of such
19 indigent person or of any other person or any public body or
20 public agency having any interest in the care, maintenance or
21 assistance of such indigent person.
22 (c) In all cases where an order has been made by the court
23 for the care and maintenance or assistance of a husband, wife,
24 father, mother or child, whether or not confined in any public
25 institution, and the said order has not been complied with, the
26 court or any judge thereof, upon affidavit or petition filed
27 setting forth that the person on whom the said order has been
28 made has not complied with the said order, shall issue an
29 attachment, directed to the sheriff or other proper officer of
30 the county, directing and commanding that the person named as
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1 having failed to comply with said order be brought before the
2 court at such time as the court may direct. If it shall appear
3 to the court after hearing that the person on whom the said
4 order was made has wilfully neglected or refused to comply with
5 said order, the court may adjudge said person in contempt of
6 court and, in its discretion, may commit said person to the
7 county jail for a period not exceeding six months.
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