2006 Code of Virginia § 63.2-1910 - Payment of foster care expenditures for child constitutes debt to local department by noncustodial ...

63.2-1910. Payment of foster care expenditures for child constitutes debtto local department by noncustodial parents; limitations; local departmentsubrogated to rights.

Any payment by a local department or public agency designated by a communitypolicy and management team for room, board, and social services for a childin the custody of, or placed with, the local department or public agencydesignated by the community policy and management team, creates a debt dueand owing to the local department or public agency by the persons responsiblefor support of such child in an amount equal to the amount paid by the localdepartment or designated public agency and shall be assessable by the localdepartment or designated public agency. However, where there has been a courtorder for support, final decree of divorce ordering support, oradministrative order for support, the debt shall be limited to the amount ofsuch order or decree. The Commissioner, pursuant to 63.2-1922, or thecourt, pursuant to 16.1-290, shall establish the debt in an amountdetermined to be consistent with the noncustodial parent's ability to pay.The Department, local department, or designated public agency shall have theright to petition the appropriate court for modification of a court order onthe same grounds as either party to such cause.

The Department shall be subrogated to the right of such child to prosecute ormaintain any support action or execute any administrative remedy existingunder the laws of the Commonwealth to obtain reimbursement of moneys thusexpended, and may collect on behalf of any such child any amount contained inany court order of support or any administrative order of support regardlessof whether or not the amount of such orders exceeds the total amount paid bythe local department or designated public agency. Any support paid in excessof the total amount shall be maintained in an account at the local departmentor designated public agency on behalf of the child. Any funds remaining inthe account at the time that the child leaves foster care shall be paideither 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 supportenters judgment for an amount of support to be paid by such noncustodialparent, 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. Inany judicial proceeding brought by an attorney on behalf of the Departmentpursuant to this section to enforce a support obligation in which theDepartment prevails, attorney's fees shall be assessed pursuant to 63.2-1960.

The Department shall have the authority to pursue establishment andenforcement actions against the persons responsible for support after thelocal department or designated public agency no longer has custody of thechild or responsibility for foster care placement.

Debts created by an administrative support order under this section shall notbe incurred by nor at any time collected from a noncustodial parent who isthe recipient of public assistance for the benefit of minor dependentchildren for the period such person is in such status. Recipients of federalsupplemental security income shall not be subject to the establishment of anadministrative support order while they receive benefits from that source.

(1995, c. 817, 63.1-251.3; 2002, c. 747.)