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§ 2331. Settlement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 62 P.S. Poor Persons and Public Welfare

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 62 P.S. Poor Persons and Public Welfare (Refs & Annos)
Chapter 15. Institution Districts (Refs & Annos)
Article V. Settlement and Removal
62 P.S. § 2331
§ 2331. Settlement
(a) A legitimate person is first settled in the institution district of birth, unless the father shall then have a known settlement elsewhere, in which case the first settlement of such person is in the institution district where the father was then settled.
(b) An illegitimate person is first settled in the institution district of birth, unless the mother shall then have a known settlement elsewhere, in which case the first settlement of such person is in the institution district where the mother was then settled.
(c) The settlement of a person in an institution district continues until a new one is acquired in this Commonwealth or elsewhere. A settlement is lost only by acquiring a new one, except that a person who has settlement in this Commonwealth, and who is residing in another state, shall be deemed to have lost settlement in this Commonwealth if a person from such other state, in like circumstances, could have acquired settlement in this Commonwealth by residence in this Commonwealth, as hereinafter provided; and except that a person having settlement in this Commonwealth, who has been absent therefrom and who has been residing in another state, shall be deemed to have lost settlement in this Commonwealth if a resident of such other state, who is residing in this Commonwealth, would lose settlement in such other state as a result of absence therefrom for a period of equal duration or for a period of lesser duration.
(d) Except as hereinafter otherwise provided, every adult and every emancipated minor, whether married or single, legitimate or illegitimate, may acquire a new settlement in any institution district of this Commonwealth or in the Commonwealth by coming bona fide to establish a permanent abode therein and continuing to reside therein for one whole year, if such person or minor is of sufficient mental ability to make a bargain, and is not or does not become a public charge during said year.
(e) Repealed by 1978, Oct. 4, P.L. 909, No. 173, § 9, effective in 60 days.
(f) A minor, whether legitimate or illegitimate, cannot be emancipated before age sixteen, and becomes emancipated absolutely at age twenty-one, if then of sufficient mental ability to make a bargain. After age sixteen and before age twenty-one, a minor of sufficient mental ability to make a bargain may become emancipated by his own acts or the acts of the parent, stepfather or stepmother having had the custody. When a person is emancipated, he or she is capable of establishing a new settlement.
(g) A minor, whether legitimate or illegitimate, who is so mentally deficient as to be unable to make a bargain cannot be emancipated after age sixteen, and such a person does not become emancipated at age twenty-one and so long thereafter, as said mental condition continues. The settlement of such a person shall at all times during mental disability be ascertained as provided in clauses (h) and (i) of this section for the settlement of minors not emancipated.
(h) Before emancipation, the settlement of a legitimate minor is and remains that of the father, unless--
(1) The father is dead and the mother acquires a new settlement, in which case it follows that of the mother; or
(2) The father deserts his family, in which case it follows that of the mother; or
(3) The mother withdraws from cohabitation with the husband on account of his cruelty, inebriety or lack of support, in which case it follows that of the parent having the custody; or
(4) The parents are divorced, either absolutely or from bed and board, in which case it follows that of the parent having the exclusive custody, but where custody is divided between the parents the settlement remains that of the father; or
(5) Both parents are dead and the minor is in the custody of a stepfather or stepmother, in which case it follows that of the stepfather or stepmother having the custody.
(i) Before emancipation, the settlement of an illegitimate minor at all times follows that of the mother, and in case of her death before emancipation of such minor, continues in the institution district or place in which she was last settled, until such person establishes a new settlement after emancipation.
(j) If a person has no known settlement in this Commonwealth and cannot for any reason whatever be removed into the state or country where settled, he shall have a quasi-settlement in the institution district where he or she becomes a public charge, which district shall, if he be a dependent, be liable for his or her support, otherwise such liability shall be upon the Commonwealth.
(k) If a person becomes a public charge in an institution district other than the one in which settled, such institution district, if he be a dependent, otherwise the Commonwealth, shall be liable for support until the institution district, state or country of settlement is discovered, and removal to such institution district, state or country takes place. Any institution district of settlement shall be liable to the institution district in which the person became a dependent for the cost of care advanced and the expenses of removal.

Credits

1937, June 24, P.L. 2017, art. V, § 501, effective Jan. 1, 1938. Amended 1939, June 9, P.L. 308, § 1. Affected 1978, Oct. 4, P.L. 909, No. 173, § 9, effective in 60 days.
62 P.S. § 2331, PA ST 62 P.S. § 2331
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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