Section 43-26-23 - Aid, benefits or services improperly received becomes debt due to department; civil action to recover amount of value of assistance; proof of conviction under Section 97-19-71 deemed prima facie evidence that assistance was improperly obtained under this section(1) Any sums paid to or on behalf of any person, entity or subgrantee or the value of any aid or benefit or services obtained or received under any state or federally funded assistance program for children as a result of any false statement, misrepresentation, concealment of a material fact, failure to disclose assets, or by whatever means, becomes a debt due to the Department of Child Protection Services. The amount of value of any assistance shall be recoverable from the recipient or his or her estate in a civil action brought in the name of the Department of Child Protection Services pursuant to this section. If such action is brought, the department shall be entitled to recover, in addition to the amount of assistance, a reasonable amount of attorney's fees and its cost incurred therein. Where an attorney from the county attorney's office represents the department in such action, the attorney's fee awarded shall be for the use and benefit of that particular office and shall be forwarded to that office upon receipt by the department.(2) In any civil action for the recovery of the amount of value of any aid or benefits or services improperly paid to the recipient, proof that a conviction or guilty plea on a misdemeanor or felony charge under Section 97-19-71 shall be deemed prima facie evidence that such assistance was improperly obtained under the provision of this section.(3) Repayment of the assistance improperly obtained pursuant to this section shall not constitute a defense to or ground of dismissal of criminal charges brought under Section 97-19-71.Added by Laws, 2023, ch. 516, HB 1149,§ 17, eff. 7/1/2023.