AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, repealing provisions relating to the
3relatives' liability.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 4603 of Title 23 of the Pennsylvania
7Consolidated Statutes is repealed:

8[§ 4603. Relatives' liability; procedure.

9(a) Liability.--

10(1) Except as set forth in paragraph (2), all of the
11following individuals have the responsibility to care for and
12maintain or financially assist an indigent person, regardless
13of whether the indigent person is a public charge:

14(i) The spouse of the indigent person.

15(ii) A child of the indigent person.

16(iii) A parent of the indigent person.

17(2) Paragraph (1) does not apply in any of the following
18cases:

1(i) If an individual does not have sufficient
2financial ability to support the indigent person.

3(ii) A child shall not be liable for the support of
4a parent who abandoned the child and persisted in the
5abandonment for a period of ten years during the child's
6minority.

7(b) Amount.--

8(1) Except as set forth in paragraph (2), the amount of
9liability shall be set by the court in the judicial district
10in which the indigent person resides.

11(2) For medical assistance for the aged other than
12public nursing home care, as provided in section 401 of the
13act of June 13, 1967 (P.L.31, No.21), known as the Public
14Welfare Code, the following apply:

15(i) Except as set forth in subparagraph (ii), the
16amount of liability shall, during any 12-month period, be
17the lesser of:

18(A) six times the excess of the liable
19individual's average monthly income over the amount
20required for the reasonable support of the liable
21individual and other persons dependent upon the
22liable individual; or

23(B) the cost of the medical assistance for the
24aged.

25(ii) The department may, by reasonable regulations,
26adjust the liability under subparagraph (i), including
27complete elimination of the liability, at a cost to the
28Commonwealth not exceeding those funds certified by the
29Secretary of the Budget as available for this purpose.

30(c) Procedure.--A court has jurisdiction in a case under

1this section upon petition of:

2(1) an indigent person; or

3(2) any other person or public body or public agency
4having any interest in the care, maintenance or assistance of
5such indigent person.

6(d) Contempt.--

7(1) If an individual liable for support under this
8section fails to comply with an order under this section, the
9court shall schedule a contempt hearing. At the hearing, if
10the court determines that the individual liable for support
11has intentionally failed to comply with the order, the court
12may hold the individual in contempt of court and may sentence
13the individual to up to six months' imprisonment.

14(2) This subsection applies regardless of whether the
15indigent person is confined in a public institution.]

16Section 2. This act shall take effect immediately.