                                 CODE OF VIRGINIA

ORDER TO COMPEL PAYMENT OF EXPENSES (§ 37.2-718)

A. When any individual receiving services or his guardian, conservator, trustee,
or other person liable for his expenses fails to pay those expenses and it
appears from investigation that the individual, his guardian, conservator,
trustee, or other person liable for his support is able or has sufficient estate
to pay the expenses, the Department shall petition the appropriate court having
jurisdiction over the estate of the individual or the court for the county or
city in which the individual resides or from which he was admitted to a state
facility for an order to compel payment of the expenses by the person liable
therefor. In any case in which a person liable for the support of the individual
is being proceeded against, the petition shall be directed to the appropriate
court of the county or city in which the person liable for the support of the
individual resides.

B. The individual receiving services and his estate shall first be liable for
the payment of his expenses and thereafter, the person liable for the support of
the individual. Such person shall be the father, mother, husband, wife, or child
of the individual who has attained the age of majority. Multiple persons shall
be jointly and severally liable. The Department shall collect part or all of the
expenses from the several sources as appears proper under the circumstances and
may proceed against all sources, except that the principal or income or both
from a trust created for the benefit of the individual shall be liable for
payment only as provided in Article 5 (&#xA7; 64.2-742 et seq.) of the Uniform
Trust Code. In evaluating the circumstances, the Department may consider any
events related to the admission of the individual for treatment or training that
have affected the person liable, such as the infliction of serious injury by the
individual on the person who is liable. The proceedings for the collection of
expenses shall conform to the procedure for collection of debts due the
Commonwealth.

C. Notice of any hearing on the petition of the Department for an order to
compel payment of expenses shall be served at least 15 days prior to the hearing
and in the manner provided for the service of civil process on the individual
receiving services and, if there is one, on his guardian, conservator, or
trustee, on the other person legally responsible for the individual&#8217;s
support, or on the person against whom the proceedings are instituted.

D. At the hearing, the court shall hear the allegations and proofs of the
parties and shall by order require full or partial payment of maintenance by the
liable parties, if they have sufficient ability, having due regard for the
financial condition and estate of the individual receiving services or any other
person liable for his expenses, his present and future needs, and the present
and future needs of his lawful dependents, if the proceeding is to charge the
individual or any other person liable with such expenses.

E. Upon application of any interested party and upon like notice and procedure,
the court may at any time modify an order to compel payment of expenses. If the
application is made by any party other than the Department, the notice shall be
served on the Commissioner.

F. Any party aggrieved by an order or by the judgment of the court may appeal
therefrom in the manner provided by law.

G. Any order or judgment rendered by the court hereunder shall have the same
force and effect and shall be enforceable in the same manner and form as any
judgment recovered in favor of the Commonwealth.

HISTORY: Code 1950, §§ 37-125.6, 37-125.8 to 37-125.12; 1950, p. 918; 1962, c.
80; 1968, c. 477, §§ 37.1-110 to 37.1-115; 1972, cc. 382, 590; 1976, c. 671;
1978, c. 482; 1979, c. 669; 1982, c. 50; 1987, c. 137; 1990, c. 927; 1997, c.
801; 2005, cc. 716, 935; 2012, cc. 476, 507.