Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VI - Mental Health/Intellectual Disability/Autism Manual › Subpart C - Administration and Fiscal Management › Chapter 4305 - LIABILITY FOR COMMUNITY MENTAL HEALTH AND INTELLECTUAL DISABILITY SERVICES › DETERMINATION OF LIABILITY › Section 4305.33 - Income to be considered

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
					 client is 18 years of age or older and the client is not married, the client's
					 income alone shall be considered the total family income.
(b) If the client is married, the client's
					 income and the client's spouse's income shall be combined to determine the
					 total family income.
(c) If the
					 client is under 18 years of age, the client is not married, and the client is
					 not an emancipated minor, the client's income that is in excess of the Internal
					 Revenue Service tax threshold, and both parents' income shall be combined to
					 determine the total family income.
(d) If the client is under 18 years of age,
					 the client is not married, and the client is an emancipated minor, the client's
					 income alone shall be considered the total family income.
(e) If the parents of an unmarried,
					 nonemancipated client under 18 years of age are separated or divorced and have
					 a legally binding financial agreement, the parents are individually financially
					 responsible in accordance with the terms of that financial agreement. If the
					 client earns more than the Internal Revenue Service tax threshold, the client's
					 income that is in excess of the Internal Revenue Service tax threshold shall be
					 included in the total family income of the parent who has legal custody of the
					 client. If there is joint custody, the client's income that is in excess of the
					 Internal Revenue Service tax threshold shall be divided equally and included in
					 the total family income of both parents.
(f) If the parents of an unmarried,
					 nonemancipated client under 18 years of age are separated or divorced and there
					 is no legally binding financial agreement, a separate total family income shall
					 be determined for each parent. If the client earns more than the Internal
					 Revenue Service tax threshold, the client's income that is in excess of the
					 Internal Revenue Service tax threshold shall be included in the total family
					 income of the parent who has legal custody of the client. If there is joint
					 custody, the client's income that is in excess of the Internal Revenue Service
					 tax threshold shall be divided equally and included in the total family income
					 of both parents.
(g) Parents who
					 adopt children under the Pennsylvania Adoption Assistance program, §
											3140.207 (relating to entitlement
					 to other services and benefits), have no liability for mental health and
					 intellectual disability services. The child shall be considered a family of one
					 and liability shall be determined based on the income of the child.
The provisions of this §
													4305.33 amended under sections
						  201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						  1966 (50 P.S. §§
														4201(2) and
						  (8) and
						  4202).
This section cited in 55 Pa. Code §
													4305.34 (relating to income not
						  considered).