Virginia Code 63.2-1910: Payment of foster care expenditures for child constitutes debt to local department by noncustodial parents; limitations; local department subrogated to rights.
Any payment by a local department or public agency designated by a community policy and management team for room, board, and social services for a child in the custody of, or placed with, the local department or public agency designated by the community policy and management team, creates a debt due and owing to the local department or public agency by the persons responsible for support of such child in an amount equal to the amount paid by the local department or designated public agency and shall be assessable by the local department or designated public agency. However, where there has been a court order for support, final decree of divorce ordering support, or administrative order for support, the debt shall be limited to the amount of such order or decree. The Commissioner, pursuant to § 63.2-1922, or the court, pursuant to § 16.1-290, shall establish the debt in an amount determined to be consistent with the noncustodial parent‘s ability to pay. The Department, local department, or designated public agency shall have the right to petition the appropriate court for modification of a court order on the same grounds as either party to such cause.
Terms Used In Virginia Code 63.2-1910
- administrative support order: means a noncourt-ordered legally enforceable support obligation having the force and effect of a support order established by the court. See Virginia Code 63.2-1900
- Commissioner: means the Commissioner of the Department, his designee or authorized representative. See Virginia Code 63.2-100
- Court order: means any judgment or order of any court having jurisdiction to order payment of support or an order of a court of comparable jurisdiction of another state ordering payment of a set or determinable amount of support moneys. See Virginia Code 63.2-1900
- Debt: means the total unpaid support obligation established by court order, administrative process or by the payment of public assistance and owed by a noncustodial parent to either the Commonwealth or to his dependent(s). See Virginia Code 63.2-1900
- Department: means the State Department of Social Services. See Virginia Code 63.2-100
- Dependent: A person dependent for support upon another.
- Foster care placement: means placement of a child through (i) an agreement between the parents or guardians and the local board where legal custody remains with the parents or guardians or (ii) an entrustment or commitment of the child to the local board or licensed child-placing agency. See Virginia Code 63.2-100
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Income: means any periodic or other form of payment due an individual from any source and shall include, but not be limited to, income from salaries, wages, commissions, royalties, bonuses, dividends, severance pay, payments pursuant to a pension or retirement program, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, veterans' benefits, spousal support, net rental income, gifts, prizes or awards. See Virginia Code 63.2-1900
- Local department: means the local department of social services of any county or city in the Commonwealth. See Virginia Code 63.2-100
- Noncustodial parent: means a responsible person who is or may be obligated under Virginia law for support of a dependent child or child's caretaker. See Virginia Code 63.2-1900
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Public assistance: means Temporary Assistance for Needy Families (TANF); auxiliary grants to the aged, blind, and disabled; medical assistance; energy assistance; food stamps; employment services; child care; and general relief. See Virginia Code 63.2-100
- Social services: means foster care, adoption, adoption assistance, child-protective services, domestic violence services, or any other services program implemented in accordance with regulations adopted by the Board. See Virginia Code 63.2-100
The Department shall be subrogated to the right of such child to prosecute or maintain any support action or execute any administrative remedy existing under the laws of the Commonwealth to obtain reimbursement of moneys thus expended, and may collect on behalf of any such child any amount contained in any court order of support or any administrative order of support regardless of whether or not the amount of such orders exceeds the total amount paid by the local department or designated public agency. Any support paid in excess of the total amount shall be maintained in an account at the local department or designated public agency on behalf of the child. Any funds remaining in the account at the time that the child leaves foster care shall be paid either to the new legal guardian or to the child if he has been emancipated. If a court order for support or final decree of divorce ordering support enters judgment for an amount of support to be paid by such noncustodial parent, the Department shall be subrogated to the debt created by such order, and the money judgment shall be deemed to be in favor of the Department. In any judicial proceeding brought by an attorney on behalf of the Department pursuant to this section to enforce a support obligation in which the Department prevails, attorney’s fees shall be assessed pursuant to § 63.2-1960.
The Department shall have the authority to pursue establishment and enforcement actions against the persons responsible for support after the local department or designated public agency no longer has custody of the child or responsibility for foster care placement.
Debts created by an administrative support order under this section shall not be incurred by nor at any time collected from a noncustodial parent who is the recipient of public assistance for the benefit of minor dependent children for the period such person is in such status. Recipients of federal supplemental security income shall not be subject to the establishment of an administrative support order while they receive benefits from that source.