4603 - Relatives' liability; procedure.

     § 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.