§ 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.
References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare
Code, referred to in subsection (b), was amended by the act of December 28, 2015,
P.L.500, No.92. The amended short title is now the Human Services Code.
Notes of Decisions
Melmark, Inc. v. Schutt by & Through Schutt, 206 A.3d 1096 (Pa. 2019).
· cites it 5× “Thus, Melmark concludes, no true conflict between Pennsylvania and New Jersey law exists so as to implicate a choice-of-law assessment, with the result that Pennsylvania's filial support law is the only statute applicable to the underlying facts.”
Shaffer-Doan Ex Rel. Doan v. COM., DPW, 960 A.2d 500 (Pa. Commw. Ct. 2008).
“”) with 23 Pa.C.S. § 4603(a) (filial responsibility support provisions that require the “parent of [an] indigent person” to pay for the "care” of that person, regardless of whether the "indigent person is a public charge” and seemingly without reference to the indigent’s age).”
Skinner v. Skinner (In re Skinner), 532 B.R. 599 (E.D. Pa. 2015).
· cites it 3× “23 Pa. Cons.Stat. Ann. § 4603(a)(1). Indigence is not defined in the statute, but Pennsylvania courts have interpreted it broadly to include persons “who have some limited means, but whose means are not sufficient to adequately provide for their maintenance and support,” in…”
M.L. Brenckman v. DHS (Pa. Commw. Ct. 2019).
“See [Section 4603(a)(1)(ii) of the Domestic Relations Code,] 23 Pa.C.S. § 4603(a)(1)(ii).” There is no record evidence that ZSNC has taken any such action.”
Rest Haven York v. Deitz, C. (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 4603(a), (c). In an opinion issued simultaneously with its February 4, 2014 order, Boring was at any time declared indigent or that [Deitz] has been assigned itz owed no duty of support to her late mother.”
— 23 Pa. Cons. Stat. § 4603(a) — 3 cases
Melmark, Inc. v. Schutt by & Through Schutt, 206 A.3d 1096 (Pa. 2019).
“Thus, Melmark concludes, no true conflict between Pennsylvania and New Jersey law exists so as to implicate a choice-of-law assessment, with the result that Pennsylvania's filial support law is the only statute applicable to the underlying facts.”
Shaffer-Doan Ex Rel. Doan v. COM., DPW, 960 A.2d 500 (Pa. Commw. Ct. 2008).
“”) with 23 Pa.C.S. § 4603(a) (filial responsibility support provisions that require the “parent of [an] indigent person” to pay for the "care” of that person, regardless of whether the "indigent person is a public charge” and seemingly without reference to the indigent’s age).”
Rest Haven York v. Deitz, C. (Pa. Super. Ct. 2014).
“23 Pa.C.S. § 4603(a), (c). In an opinion issued simultaneously with its February 4, 2014 order, Boring was at any time declared indigent or that [Deitz] has been assigned itz owed no duty of support to her late mother.”
— 23 Pa. Cons. Stat. § 4603(a)(1) — 1 case
Skinner v. Skinner (In re Skinner), 532 B.R. 599 (E.D. Pa. 2015).
“23 Pa. Cons.Stat. Ann. § 4603(a)(1). Indigence is not defined in the statute, but Pennsylvania courts have interpreted it broadly to include persons “who have some limited means, but whose means are not sufficient to adequately provide for their maintenance and support,” in…”
— 23 Pa. Cons. Stat. § 4603(a)(1)(ii) — 1 case
M.L. Brenckman v. DHS (Pa. Commw. Ct. 2019).
“See [Section 4603(a)(1)(ii) of the Domestic Relations Code,] 23 Pa.C.S. § 4603(a)(1)(ii).” There is no record evidence that ZSNC has taken any such action.”
— 23 Pa. Cons. Stat. § 4603(b) — 1 case
Skinner v. Skinner (In re Skinner), 532 B.R. 599 (E.D. Pa. 2015).
“23 Pa. Cons.Stat. Ann. § 4603(a)(1). Indigence is not defined in the statute, but Pennsylvania courts have interpreted it broadly to include persons “who have some limited means, but whose means are not sufficient to adequately provide for their maintenance and support,” in…”
— 23 Pa. Cons. Stat. § 4603(b)(1) — 1 case
Melmark, Inc. v. Schutt by & Through Schutt, 206 A.3d 1096 (Pa. 2019).
“Thus, Melmark concludes, no true conflict between Pennsylvania and New Jersey law exists so as to implicate a choice-of-law assessment, with the result that Pennsylvania's filial support law is the only statute applicable to the underlying facts.”
— 23 Pa. Cons. Stat. § 4603(c)(2) — 1 case
Skinner v. Skinner (In re Skinner), 532 B.R. 599 (E.D. Pa. 2015).
“23 Pa. Cons.Stat. Ann. § 4603(a)(1). Indigence is not defined in the statute, but Pennsylvania courts have interpreted it broadly to include persons “who have some limited means, but whose means are not sufficient to adequately provide for their maintenance and support,” in…”
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