                                 CODE OF VIRGINIA

PAYMENT OF FOSTER CARE EXPENDITURES FOR CHILD CONSTITUTES DEBT TO LOCAL
DEPARTMENT BY NONCUSTODIAL PARENTS; LIMITATIONS; LOCAL DEPARTMENT SUBROGATED TO
RIGHTS (§ 63.2-1910)

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&#8217;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.
		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&#8217;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.

HISTORY: 1995, c. 817, § 63.1-251.3; 2002, c. 747.