OUR PARENTS’ KEEPERS: THE CURRENT STATUS OF AMERICAN FILIAL RESPONSIBILITY LAWS

Abstract

Bara Swain's monologue Safety Pin demonstrates the strong bond between parent and child, as well as the emotional strain that comes from watching that relationship deteriorate due to the ravages of the aging process. The United States senior citizen population is increasing due to the large size of the Baby Boomer Generation. The 2000 U.S. Census indicated that the number of people living in the United States over the age of sixty-five constitutes 12.4% of the population, a number that is likely to increase to 20% by the year 2030. The average life expectancy is currently 77.6 years, and is consistently on the rise. The rapid growth of the senior population, ever-increasing life expectancy, and a decreasing birth rate-along with instability of government programs like Medicaid, Medicare, and Social Security-place the United States on the verge of having more indigent seniors than ever. More rigidly enforced laws that provide for the care of the elderly from sources other than the government can counter these developments. Prime examples of such legislation are filial responsibility statutes, which impose a duty on children to support their parents. First, this Note will summarize the background and current status of filial responsibility in the United States. It will then discuss the Constitutionality of filial responsibility statutes with the landmark case Swoap v. Superior Court of Sacramento County serving as an example of the legality of such statutes. States have the authority to use these statutes, and should consider how best to implement them in order to effectively cope with the financial burdens they face. The enforcement of such statutes would be beneficial to our society, and provide desperately needed relief for our strained public treasury.