Compton v. Commonwealth ex rel. Department of Mental Health & Mental Retardation

Code § 37.1-105 provides, in pertinent part, that “[a]ny person . . . responsible for the support of a patient pursuant to § 20-61 shall be liable for the expenses of his care and treatment . . . in a state hospital.” Code § 20-61 provides, inter alia, that a parent who “fails to provide for the support and maintenance of his or her . . . child of whatever age who is . . . incapacitated from earning a living, the . . . child . . . being ... in necessitous circumstances, shall be guilty of a misdemeanor.” This provision of Code § 20-61 does not apply, however, “to any parent of any child of…