Senate Bill No. 443
(By Senators Bailey and Helmick)
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[Introduced March 22, 1993; referred to the Committee
on Health and Human Resources; and then to the
Committee on Finance.]
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A BILL to amend and reenact section nine, article five, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to human services; and
increasing the amount of burial expenses the division of
human services can pay for an indigent person.
Be it enacted by the Legislature of West Virginia:
That section nine, article five, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-9. Liability of relatives for support.
The relatives of an indigent person, who are of sufficient
ability, shall be liable to support such person in the manner
required by the department of welfare division of human services
and to pay the expenses of burial, not to exceed four thousand
dollars, when he dies, in the following order:
(1) The children.
(2) The father.
(3) The brothers and sisters.
(4) The mother.
The commissioner may proceed by motion in the circuit court
of the county in which the indigent person may be, against one or
more of the relatives liable.
If a relative so liable does not reside in this state and
has no estate or debts due him within the state by means of which
the liability can be enforced against him, the other relatives
shall be liable as provided by this section, but a relative shall
not be compelled to receive the indigent person in his own home.
If it appears that a relative liable for the support of an
indigent person is unable wholly to support him, but is able to
contribute toward his support, the court may assess upon the
relative the proportion which he shall be required to contribute
either to the past expense incurred by the department of welfare
division of human services or to the future support. The court
may assess the residue upon the relatives in the order of their
liability.
Payment with interest and costs may be enforced by
execution.
NOTE: The purpose of this bill is to increase from $400.00
to $4,000.00 the amount of burial expenses that the Division of
Human Services can require from the relatives of an indigent
person.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.