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2022 SESSION
22107372DBe it enacted by the General Assembly of Virginia:
1. That § 20-88 of the Code of Virginia is amended and reenacted as follows:
§ 20-88. Support of parents by children not required; bankruptcy proceedings.
It shall not be the joint and several duty of
all persons eighteen any person 18 years of age or over, of
sufficient earning capacity or income, after reasonably providing for his or
her own immediate family, to assist in providing for the support and
maintenance of his or her mother or father, he or she being then and
there in necessitous circumstances.
If there be more than one person bound to support the same
parent or parents, the persons so bound to support shall jointly and severally
share equitably in the discharge of such duty. Taking into consideration the
needs of the parent or parents and the circumstances affecting the ability of
each person to discharge the duty of support, the court having jurisdiction
shall have the power to determine and order the payment, by such person or
persons so bound to support, of that amount for support and maintenance which
to the court may seem just. Where the court ascertains that any person has
failed to render his or her proper share in such support and maintenance it
may, upon the complaint of any party or on its own motion, compel contribution
by that person to any person or authority which has theretofore contributed to
the support or maintenance of the parent or parents. The court may from time to
time revise the orders entered by it or by any other court having jurisdiction
under the provisions of this section, in such manner as to it may seem just.
The juvenile and domestic relations district court shall
have exclusive original jurisdiction in all cases arising under this section.
Any person aggrieved shall have the same right of appeal as is provided by law
in other cases.
All proceedings under this section shall conform as nearly
as possible to the proceedings under the other provisions of this chapter, and
the other provisions of this chapter shall apply to cases arising under this
section in like manner as though they were incorporated in this section.
Prosecutions under this section shall be in the jurisdiction where the parent
or parents reside.
This section shall not apply if there is substantial
evidence of desertion, neglect, abuse or willful failure to support any such
child by the father or mother, as the case may be, prior to the child's
emancipation or, except as provided hereafter in this section, if a parent is
otherwise eligible for and is receiving public assistance or services under a
federal or state program.
To the extent that the financial responsibility of children
for any part of the costs incurred in providing medical assistance to their
parents pursuant to the plan provided for in § 32.1-325 is not restricted by
that plan and to the extent that the financial responsibility of children for
any part of the costs incurred in providing to their parents services rendered,
administered or funded by the Department of Behavioral Health and Developmental
Services is not restricted by federal law, the provisions of this section shall
apply. A proceeding may be instituted in accordance with this section in the
name of the Commonwealth by the state agency administering the program of
assistance or services in order to compel any child of a parent receiving such
assistance or services to reimburse the Commonwealth for such portion of the
costs incurred in providing the assistance or services as the court may
determine to be reasonable. If costs are incurred for the institutionalization
of a parent, the children shall in no case be responsible for such costs for
more than sixty months of institutionalization.
Any person violating the provisions of an order entered
pursuant to this section shall be guilty of a misdemeanor, and on conviction
thereof shall be punished by a fine not exceeding $500 or imprisonment in jail
for a period not exceeding twelve months or both Notwithstanding the provisions
of this section, in any bankruptcy proceeding, a debtor may exempt the
reasonable expenses of such debtor used to provide support and maintenance to
such debtor's mother or father.