Keywords
elder care, united states, enforcement, criminal law
Document Type
Article
Abstract
Filial responsibility (duty of care) laws often require adult children to support their elderly and infirm parents. Some states extend this obligation to close relatives. This responsibility may be enforced via statute or morally encouraged as part of religion within a culture. Given the diversity of cultures in America, the duty of care is difficult to define, enforce, and interpret when such cases come to the attention of the courts. Twenty-nine states that currently have statutes related to filial responsibility vary widely in defining the concept and specifying how to enforce the laws. Because many of these involve neglect rather than overt abuse, enforcing filial responsibility statutes presents a unique challenge for the criminal justice system. This article reviews state legislation and scholarly sources to assess the current laws, court decisions, and enforcement issues.
Recommended Citation
Kethineni, Sesha and Rajendran, Gowtami
(2018)
"Elder Care in the United States: Filial Responsibility Laws, Judicial Decisions, and Enforcement Issues,"
Journal of Criminal Justice and Law: Vol. 2:
Iss.
1, Article 5.
Available at:
https://research.library.kutztown.edu/jcjl/vol2/iss1/5