{ "name": "Filial responsibility laws by state \u2014 what each statute actually says about an adult child's liability for a parent's care", "description": "For each US state, whether a filial support statute is on the books and what it provides: who owes the duty, the condition the parent must be in for it to arise, the ability-to-pay qualifier, whether the remedy is civil or criminal, the penalty the statute names, who may bring the action, and the defences the statute writes in. The distinctions that decide real cases are invisible in every existing list: Pennsylvania's 23 Pa.C.S. \u00a7 4603 imposes the duty 'regardless of whether the indigent person is a public charge', which is what let a nursing home sue a son directly; New Jersey's N.J.S.A. 44:1-140 is framed around public assistance; Massachusetts' M.G.L. c.273 \u00a7 20 is purely criminal, a $200 fine or a year's imprisonment; California's Fam. Code \u00a7 4410-4414 gives a child a court procedure to be relieved of the obligation where the parent abandoned them. Answers 'does [state] have a filial responsibility law', 'can a nursing home sue me for my mother's bill in [state]', and 'what is the abandonment defence in [state]'. This asset reports what statutes say, quoted and cited. It gives no advice about anyone's situation and does not tell a reader what to do.", "url": "https://referencesource.org/filial-responsibility-laws-by-state/", "licence": "State statutes; statutory text and the facts in it are not copyrightable, quoted with citation to the publishing authority.", "last_verified": "2026-08-31", "stale_after": "2027-08-31", "sources": [ "https://codes.findlaw.com/ak/title-25-marital-and-domestic-relations/ak-st-sect-25-20-030.html", "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=9.&title=&part=4.&chapter=1.&article=", "https://www.cga.ct.gov/current/pub/chap_946.htm", "https://delcode.delaware.gov/title13/c005/sc01/index.html", "https://www.legis.iowa.gov/docs/code/252.pdf", "https://legislature.maine.gov/statutes/22/title22sec4319.html", "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl§ion=13-102&enactments=false", "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter273/Section20", "https://codes.findlaw.com/ms/title-43-public-welfare/ms-code-sect-43-31-25.html", "https://archive.legmt.gov/bills/mca/title_0400/chapter_0060/part_0030/section_0010/0400-0060-0030-0010.html", "https://www.leg.state.nv.us/NRS/NRS-428.html", "https://www.gencourt.state.nh.us/rsa/html/XII/167/167-2.htm", "https://law.justia.com/codes/new-jersey/title-44/section-44-1-140/", "https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-70.html", "https://www.legis.nd.gov/cencode/t14c09.pdf", "https://codes.ohio.gov/ohio-revised-code/section-2919.21", "https://www.oregonlegislature.gov/bills_laws/ors/ors109.html", "https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.046.003.000..HTM", "https://webserver.rilegislature.gov/Statutes/TITLE15/15-10/15-10-1.htm", "https://law.lis.virginia.gov/vacode/title20/chapter5/section20-88/", "https://code.wvlegislature.gov/9-5-9/", "https://docs.legis.wisconsin.gov/document/statutes/49.90" ], "records": [ { "state": "Alaska", "statute_citation": "\u00a7 25.20.030", "duty_owed_by": "Each child is bound to maintain the child's parents", "trigger_condition": "poor and unable to work to maintain themselves", "id": "alaska", "url": "https://referencesource.org/filial-responsibility-laws-by-state/alaska/", "source": "https://codes.findlaw.com/ak/title-25-marital-and-domestic-relations/ak-st-sect-25-20-030.html", "source_quote": "Each parent is bound to maintain the parent's children when poor and unable to work to maintain themselves. Each child is bound to maintain the child's parents in like circumstances.", "verified_fields": [ "duty_owed_by", "statute_citation", "trigger_condition" ], "derived_fields": [ "state" ] }, { "state": "California", "statute_citation": "4400", "duty_owed_by": "an adult child shall, to the extent of the adult child\u2019s ability, support a parent who is in need and unable to self-maintain by work", "trigger_condition": "a parent who is in need and unable to self-maintain by work", "ability_to_pay_qualifier": "to the extent of the adult child\u2019s ability", "remedy_type": "civil", "who_may_enforce": "A parent, or the county on behalf of the parent, may bring an action against the child to enforce the duty of support under this part.", "public_charge_limit": "extends beyond public charge", "id": "california", "url": "https://referencesource.org/filial-responsibility-laws-by-state/california/", "source": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=9.&title=&part=4.&chapter=1.&article=", "source_quote": "PART 4. SUPPORT OF PARENTS [4400 - 4414] ( Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) CHAPTER 1. General Provisions [4400 - 4405] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) 4400. Except as otherwise provided by law, an adult child shall, to the extent of the adult child\u2019s ability, support a parent who is in need and unable to self-maintain by work.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Connecticut", "statute_citation": "Sec. 53-304", "duty_owed_by": "Any person who neglects or refuses to furnish reasonably necessary support to the person's spouse, child under the age of eighteen or parent under the age of sixty-five", "trigger_condition": "parent under the age of sixty-five", "ability_to_pay_qualifier": "in such amount as the court may find commensurate with the necessities of the case and the ability of such person", "remedy_type": "criminal", "penalty": "shall be imprisoned not more than one year", "who_may_enforce": "prosecuted before any court of this state in the same manner as if such offense had been committed within the territorial jurisdiction of such court", "statutory_defences": "unless the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support", "public_charge_limit": "not stated", "id": "connecticut", "url": "https://referencesource.org/filial-responsibility-laws-by-state/connecticut/", "source": "https://www.cga.ct.gov/current/pub/chap_946.htm", "source_quote": "Sec. 53-304. Nonsupport. Support orders and agreements. Administration of oaths by family relations counselors and support enforcement officers. (a) Any person who neglects or refuses to furnish reasonably necessary support to the person's spouse, child under the age of eighteen or parent under the age of sixty-five shall be deemed guilty of nonsupport and shall be imprisoned not more than one year, unless the person shows to the court before which the trial is had that, owing to physical incapacity or other good cause, the person is unable to furnish such support.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "penalty", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Delaware", "statute_citation": "\u00a7 503", "duty_owed_by": "the duty to support a poor person unable to support the poor person\u2019s own self rests upon the spouse, parents, or children, in that order", "trigger_condition": "a poor person unable to support the poor person\u2019s own self", "ability_to_pay_qualifier": "If the relation prior in order shall not be able, the next in order shall be liable, and several relations of the same order shall, if able, contribute according to their means.", "remedy_type": "civil", "who_may_enforce": "The Family Court of the State shall have exclusive original jurisdiction over all actions arising under this chapter.", "statutory_defences": "No person shall be required to support another while there is just cause for failing or refusing to do so.", "public_charge_limit": "not stated", "id": "delaware", "url": "https://referencesource.org/filial-responsibility-laws-by-state/delaware/", "source": "https://delcode.delaware.gov/title13/c005/sc01/index.html", "source_quote": "\u00a7 503. Duty to support a poor person. Except as expressly provided in \u00a7\u00a7 501 and 502 of this title, the duty to support a poor person unable to support the poor person\u2019s own self rests upon the spouse, parents, or children, in that order, subject to \u00a7 504 of this title as to expenses described therein. If the relation prior in order shall not be able, the next in order shall be liable, and several relations of the same order shall, if able, contribute according to their means.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Iowa", "statute_citation": "252.2", "status": "252.2 through 252.9 Repealed by 2015 Acts, ch 14, \u00a73.", "id": "iowa", "url": "https://referencesource.org/filial-responsibility-laws-by-state/iowa/", "source": "https://www.legis.iowa.gov/docs/code/252.pdf", "source_quote": "252.1 \u201cPoor person\u201d defined. 252.2 through 252.9 Repealed by 2015 Acts, ch 14, \u00a73.", "verified_fields": [ "status", "statute_citation" ], "derived_fields": [ "state" ] }, { "state": "Maine", "statute_citation": "\u00a74319", "duty_owed_by": "A parent of a child under 25 years of age and a spouse living in or owning property in the State", "trigger_condition": "a dependent of a legally responsible parent or to a person's spouse who is financially capable of providing support", "ability_to_pay_qualifier": "in proportion to their respective ability", "remedy_type": "civil", "who_may_enforce": "A municipality or the State, after providing general assistance", "statutory_defences": "The assessment may not be made to pay any expense for relief provided more than 12 months before the complaint was filed.", "public_charge_limit": "public assistance only", "id": "maine", "url": "https://referencesource.org/filial-responsibility-laws-by-state/maine/", "source": "https://legislature.maine.gov/statutes/22/title22sec4319.html", "source_quote": "A parent of a child under 25 years of age and a spouse living in or owning property in the State shall support their children or husband or wife in proportion to their respective ability.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Maryland", "statute_citation": "\u00a713\u2013102", "duty_owed_by": "If a destitute adult child is in this State and has a parent who has or is able to earn sufficient means, the parent may not neglect or refuse to provide the destitute adult child with food, shelter, care, and clothing.", "trigger_condition": "a destitute adult child is in this State", "ability_to_pay_qualifier": "a parent who has or is able to earn sufficient means", "remedy_type": "criminal", "penalty": "a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both", "public_charge_limit": "not stated", "id": "maryland", "url": "https://referencesource.org/filial-responsibility-laws-by-state/maryland/", "source": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl§ion=13-102&enactments=false", "source_quote": "\u00a713\u2013102. (a) If a destitute adult child is in this State and has a parent who has or is able to earn sufficient means, the parent may not neglect or refuse to provide the destitute adult child with food, shelter, care, and clothing. (b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "penalty", "statute_citation", "trigger_condition" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Massachusetts", "statute_citation": "Section 20", "duty_owed_by": "Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth", "trigger_condition": "when such parent through misfortune and without fault of his own is destitute of means of sustenance and unable by reason of old age, infirmity or illness to support and maintain himself", "ability_to_pay_qualifier": "being possessed of sufficient means", "remedy_type": "criminal", "penalty": "shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both", "statutory_defences": "No such neglect or refusal shall be deemed unreasonable as to a child who shall not during his minority have been reasonably supported by such parent, if such parent was charged with the duty so to do, nor as to a child who, being one of two or more children, has made proper and reasonable contribution toward the support of such parent.", "public_charge_limit": "not stated", "id": "massachusetts", "url": "https://referencesource.org/filial-responsibility-laws-by-state/massachusetts/", "source": "https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter273/Section20", "source_quote": "Section 20: Neglect or refusal to support parent Section 20. Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth, when such parent through misfortune and without fault of his own is destitute of means of sustenance and unable by reason of old age, infirmity or illness to support and maintain himself, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "penalty", "statute_citation", "statutory_defences", "trigger_condition" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Mississippi", "statute_citation": "\u00a7 43-31-25", "duty_owed_by": "the descendants of any pauper not able to work", "trigger_condition": "any pauper not able to work", "remedy_type": "civil", "penalty": "One Hundred Fifty Dollars ($150.00) per month, for each month they may so refuse", "who_may_enforce": "to be recovered in the name of the county", "public_charge_limit": "public assistance only", "id": "mississippi", "url": "https://referencesource.org/filial-responsibility-laws-by-state/mississippi/", "source": "https://codes.findlaw.com/ms/title-43-public-welfare/ms-code-sect-43-31-25.html", "source_quote": "The father and grandfather, the mother and grandmother, and brothers and sisters, and the descendants of any pauper not able to work, as the board of supervisors shall direct, shall, at their own charge, relieve and maintain such pauper; and, in case of refusal, shall forfeit and pay the county the sum of One Hundred Fifty Dollars ($150.00) per month, for each month they may so refuse, to be recovered in the name of the county; and shall be liable to any governmental entity who supplies such poor relative, if abandoned, with necessaries, not exceeding said sum per month; and if any such relative be a nonresident he may be proceeded against by attachment, as in cases of attachment against debtors.", "verified_fields": [ "duty_owed_by", "penalty", "statute_citation", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Montana", "statute_citation": "40-6-301", "status": "Repealed. Sec. 3, Ch. 213, L. 2021.", "id": "montana", "url": "https://referencesource.org/filial-responsibility-laws-by-state/montana/", "source": "https://archive.legmt.gov/bills/mca/title_0400/chapter_0060/part_0030/section_0010/0400-0060-0030-0010.html", "source_quote": "Part 3. Obligations of Children (Repealed) Repealed 40-6-301. Repealed. Sec. 3, Ch. 213, L. 2021.", "verified_fields": [ "status", "statute_citation" ], "derived_fields": [ "state" ] }, { "state": "Nevada", "statute_citation": "NRS 428.070", "duty_owed_by": "The father, mother or child of sufficient financial ability, as appropriate, shall pay to the county the amount the county paid for the burial, entombment or cremation of a natural child or a natural parent.", "trigger_condition": "a natural parent receiving county hospitalization pursuant to NRS 428.030", "ability_to_pay_qualifier": "of sufficient financial ability", "remedy_type": "civil", "who_may_enforce": "The board of county commissioners shall advise the Attorney General of the failure of a responsible person to pay such amount and the Attorney General shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount.", "statutory_defences": "The child of a natural parent receiving county hospitalization pursuant to NRS 428.030 is not liable for the amount paid by the county for that parent, except where the natural child promised to support the natural parent in writing, has access to and control of the natural parent\u2019s assets or income and has sufficient financial ability to support the natural parent.", "public_charge_limit": "public assistance only", "id": "nevada", "url": "https://referencesource.org/filial-responsibility-laws-by-state/nevada/", "source": "https://www.leg.state.nv.us/NRS/NRS-428.html", "source_quote": "2. The child of a natural parent receiving county hospitalization pursuant to NRS 428.030 is not liable for the amount paid by the county for that parent, except where the natural child promised to support the natural parent in writing, has access to and control of the natural parent\u2019s assets or income and has sufficient financial ability to support the natural parent. 3. A recipient of aid under the provisions of NRS 428.030 who later acquires sufficient financial ability so to do shall reimburse the county which extended county hospitalization to the recipient for any unpaid portion of the aid granted. Action against the relatives of such person is not a condition precedent to action against the person. 4. The father, mother or child of sufficient financial ability, as appropriate, shall pay to the county the amount the county paid for the burial, entombment or cremation of a natural child or a natural parent.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "New Hampshire", "statute_citation": "167:2", "duty_owed_by": "a father, mother, husband, or wife, who are declared jointly and severally liable for such assistance", "trigger_condition": "Assistance rendered under this chapter or RSA 161 to anyone having a father, mother, husband or wife, whose weekly income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health", "ability_to_pay_qualifier": "whose weekly income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health", "remedy_type": "civil", "who_may_enforce": "Such action shall be brought by the attorney general or the county attorney for the county in which any such relative resides when so requested by the commissioner of health and human services.", "statutory_defences": "A parent shall be liable under this section only for assistance provided to a child under the age of 18, or for as long as the department of health and human services has the authority to recover support under Title IV of the Social Security Act.", "public_charge_limit": "public assistance only", "id": "new-hampshire", "url": "https://referencesource.org/filial-responsibility-laws-by-state/new-hampshire/", "source": "https://www.gencourt.state.nh.us/rsa/html/XII/167/167-2.htm", "source_quote": "167:2 Liability for Support; Recovery. \u2013 Assistance rendered under this chapter or RSA 161 to anyone having a father, mother, husband or wife, whose weekly income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health, may be recovered in an appropriate proceeding in the superior court brought by the commissioner of health and human services, in the name of the state, from either a father, mother, husband, or wife, who are declared jointly and severally liable for such assistance.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "New Jersey", "statute_citation": "44:1-140", "duty_owed_by": "The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance", "trigger_condition": "a person who applies for and is eligible to receive public assistance", "ability_to_pay_qualifier": "if of sufficient ability", "remedy_type": "civil", "who_may_enforce": "any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person", "statutory_defences": "The provisions of this section shall not apply to any person 55 years of age or over except with regard to his or her spouse, or his or her natural or adopted child under the age of 18 years.", "public_charge_limit": "public assistance only", "id": "new-jersey", "url": "https://referencesource.org/filial-responsibility-laws-by-state/new-jersey/", "source": "https://law.justia.com/codes/new-jersey/title-44/section-44-1-140/", "source_quote": "44:1-140. Relatives chargeable a. The father and mother of a person under 18 years of age who applies for and is eligible to receive public assistance, and the children, and husband or wife, severally and respectively, of a person who applies for and is eligible to receive public assistance, shall, if of sufficient ability, at his or their charge and expense, relieve and maintain the poor person or child in such manner as shall be ordered, after due notice and opportunity to be heard, by any county or municipal director of welfare, or by any court of competent jurisdiction upon its own initiative or the information of any person.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "North Carolina", "statute_citation": "G.S. 14\u2011326.1", "status": "SECTION 16.(a) G.S. 14\u2011326.1 is repealed. SECTION 16.(b) This section becomes effective July 1, 2025, and applies to offenses committed on or after that date.", "id": "north-carolina", "url": "https://referencesource.org/filial-responsibility-laws-by-state/north-carolina/", "source": "https://www.ncleg.gov/EnactedLegislation/SessionLaws/HTML/2025-2026/SL2025-70.html", "source_quote": "REPEAL FILIAL RESPONSIBILITY CRIME SECTION 16.(a) G.S. 14\u2011326.1 is repealed. SECTION 16.(b) This section becomes effective July 1, 2025, and applies to offenses committed on or after that date.", "verified_fields": [ "status", "statute_citation" ], "derived_fields": [ "state" ] }, { "state": "North Dakota", "statute_citation": "14-09-10", "duty_owed_by": "Each parent and every adult child of an adult who is unable to support oneself shall maintain that adult to the extent of the ability of each.", "trigger_condition": "an adult who is unable to support oneself", "ability_to_pay_qualifier": "to the extent of the ability of each", "remedy_type": "civil", "who_may_enforce": "a creditor may not recover under this duty of support unless the: a. Recovery sought by a creditor is for the furnishing of necessary health services, which may include medical and long-term care services", "statutory_defences": "b. Recovery sought is from a parent or adult child who received a direct benefit from a disqualifying transfer of an asset under section 50-06.2-07 or 50-24.1-02; c. Recovery being sought from this parent or adult child does not exceed the fair market value, including any gain, resulting from the disqualifying transfer; and d. Disqualifying transfer occurred within five years of the receipt of the necessary health services or application for medical assistance.", "public_charge_limit": "extends beyond public charge", "id": "north-dakota", "url": "https://referencesource.org/filial-responsibility-laws-by-state/north-dakota/", "source": "https://www.legis.nd.gov/cencode/t14c09.pdf", "source_quote": "14-09-10. Reciprocal duty of support for health services - Support of poor. 1. Each parent and every adult child of an adult who is unable to support oneself shall maintain that adult to the extent of the ability of each. 2. Except as provided under subsection 3, a creditor may not recover under this duty of support unless the: a. Recovery sought by a creditor is for the furnishing of necessary health services, which may include medical and long-term care services;", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Ohio", "statute_citation": "Section 2919.21", "duty_owed_by": "No person shall abandon, or fail to provide adequate support to: (1) The person's spouse, as required by law; (2) The person's child who is under age eighteen, or the persons's child with a mental or physical disability who is under age twenty-one; (3) The person's aged or infirm parent or adoptive parent", "trigger_condition": "aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent's own support", "ability_to_pay_qualifier": "the accused was unable to provide adequate support or the established support but did provide the support that was within the accused's ability and means", "remedy_type": "criminal", "penalty": "whoever violates division (A) or (B) of this section is guilty of nonsupport of dependents, a misdemeanor of the first degree", "statutory_defences": "It is an affirmative defense to a charge under division (A)(3) of this section that the parent abandoned the accused or failed to support the accused as required by law, while the accused was under age eighteen, or had a mental or physical disability and was under age twenty-one.", "public_charge_limit": "not stated", "id": "ohio", "url": "https://referencesource.org/filial-responsibility-laws-by-state/ohio/", "source": "https://codes.ohio.gov/ohio-revised-code/section-2919.21", "source_quote": "Section 2919.21 | Nonsupport or contributing to nonsupport of dependents. Ohio Revised Code / Title 29 Crimes-Procedure / Chapter 2919 Offenses Against the Family Effective: April 6, 2023 Latest Legislation: House Bill 281 - 134th General Assembly PDF: Download Authenticated PDF (A) No person shall abandon, or fail to provide adequate support to: (1) The person's spouse, as required by law; (2) The person's child who is under age eighteen, or the persons's child with a mental or physical disability who is under age twenty-one; (3) The person's aged or infirm parent or adoptive parent, who from lack of ability and means is unable to provide adequately for the parent's own support.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "penalty", "statute_citation", "statutory_defences", "trigger_condition" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Oregon", "statute_citation": "109.010", "duty_owed_by": "children are bound to maintain their parents in like circumstances", "trigger_condition": "poor and unable to work to maintain themselves", "public_charge_limit": "not stated", "id": "oregon", "url": "https://referencesource.org/filial-responsibility-laws-by-state/oregon/", "source": "https://www.oregonlegislature.gov/bills_laws/ors/ors109.html", "source_quote": "109.010 Duty of support. Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.", "verified_fields": [ "duty_owed_by", "statute_citation", "trigger_condition" ], "derived_fields": [ "public_charge_limit", "state" ] }, { "state": "Pennsylvania", "statute_citation": "\u00a7 4603", "duty_owed_by": "The spouse of the indigent person. (ii) A child of the indigent person. (iii) A parent of the indigent person.", "trigger_condition": "an indigent person", "ability_to_pay_qualifier": "If an individual does not have sufficient financial ability to support the indigent person.", "remedy_type": "civil", "penalty": "the court may hold the individual in contempt of court and may sentence the individual to up to six months' imprisonment", "who_may_enforce": "an indigent person; or (2) any other person or public body or public agency having any interest in the care, maintenance or assistance of such indigent person", "statutory_defences": "If an individual does not have sufficient financial ability to support the indigent person. (ii) A child shall not be liable for the support of a parent who abandoned the child and persisted in the abandonment for a period of ten years during the child's minority.", "public_charge_limit": "extends beyond public charge", "id": "pennsylvania", "url": "https://referencesource.org/filial-responsibility-laws-by-state/pennsylvania/", "source": "https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.046.003.000..HTM", "source_quote": "\u00a7 4603. Relatives' liability; procedure. (a) Liability.-- (1) Except as set forth in paragraph (2), all of the following individuals have the responsibility to care for and maintain or financially assist an indigent person, regardless of whether the indigent person is a public charge: (i) The spouse of the indigent person. (ii) A child of the indigent person. (iii) A parent of the indigent person.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "penalty", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Rhode Island", "statute_citation": "\u00a7 15-10-1", "duty_owed_by": "Any person, above the age of eighteen (18) years, who unreasonably neglects or refuses to provide for the support and maintenance of his or her parent, whether father or mother, residing in this state", "trigger_condition": "through misfortune, and without fault of his or her own, is destitute of means of sustenance and unable by reason of old age, infirmity, or illness to support and maintain himself or herself", "remedy_type": "criminal", "penalty": "a fine not exceeding two hundred dollars ($200), or by imprisonment for not more than one year, or by both a fine and imprisonment", "statutory_defences": "No neglect or refusal shall be deemed unreasonable as to a child who, during his or her minority, was not reasonably supported by the parent, if the parent was charged with the duty to do so, nor as to any child who, being one of two (2) or more children, has made proper and reasonable contribution toward the support of his or her destitute parent.", "public_charge_limit": "not stated", "id": "rhode-island", "url": "https://referencesource.org/filial-responsibility-laws-by-state/rhode-island/", "source": "https://webserver.rilegislature.gov/Statutes/TITLE15/15-10/15-10-1.htm", "source_quote": "(a) Any person, above the age of eighteen (18) years, who unreasonably neglects or refuses to provide for the support and maintenance of his or her parent, whether father or mother, residing in this state, when his or her parent through misfortune, and without fault of his or her own, is destitute of means of sustenance and unable by reason of old age, infirmity, or illness to support and maintain himself or herself, shall be punished by a fine not exceeding two hundred dollars ($200), or by imprisonment for not more than one year, or by both a fine and imprisonment. (b) No neglect or refusal shall be deemed unreasonable as to a child who, during his or her minority, was not reasonably supported by the parent, if the parent was charged with the duty to do so, nor as to any child who, being one of two (2) or more children, has made proper and reasonable contribution toward the support of his or her destitute parent.", "verified_fields": [ "duty_owed_by", "penalty", "statutory_defences", "trigger_condition" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Virginia", "statute_citation": "\u00a7 20-88", "duty_owed_by": "the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father", "trigger_condition": "he or she being then and there in necessitous circumstances", "ability_to_pay_qualifier": "of sufficient earning capacity or income, after reasonably providing for his or her own immediate family", "remedy_type": "both", "penalty": "shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $500 or imprisonment in jail for a period not exceeding twelve months or both", "who_may_enforce": "upon the complaint of any party or on its own motion, compel contribution by that person to any person or authority which has theretofore contributed to the support or maintenance of the parent or parents", "statutory_defences": "This section shall not apply if there is substantial evidence of desertion, neglect, abuse or willful failure to support any such child by the father or mother, as the case may be, prior to the child's emancipation or, except as provided hereafter in this section, if a parent is otherwise eligible for and is receiving public assistance or services under a federal or state program.", "public_charge_limit": "extends beyond public charge", "id": "virginia", "url": "https://referencesource.org/filial-responsibility-laws-by-state/virginia/", "source": "https://law.lis.virginia.gov/vacode/title20/chapter5/section20-88/", "source_quote": "\u00a7 20-88. Support of parents by children. It shall be the joint and several duty of all persons eighteen years of age or over, of sufficient earning capacity or income, after reasonably providing for his or her own immediate family, to assist in providing for the support and maintenance of his or her mother or father, he or she being then and there in necessitous circumstances. If there be more than one person bound to support the same parent or parents, the persons so bound to support shall jointly and severally share equitably in the discharge of such duty.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "penalty", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "West Virginia", "statute_citation": "\u00a79-5-9", "duty_owed_by": "The relatives of an indigent person, who are of sufficient ability, shall be liable to pay the direct cremation or direct burial expenses in the following order: (1) The spouse. (2) The children. (3) The parents. (4) The brothers and sisters.", "trigger_condition": "an indigent person", "ability_to_pay_qualifier": "who are of sufficient ability", "remedy_type": "civil", "who_may_enforce": "The department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable.", "statutory_defences": "The liability of the relative of an indigent person for funeral service expenses is limited to the amount paid by the department.", "public_charge_limit": "public assistance only", "id": "west-virginia", "url": "https://referencesource.org/filial-responsibility-laws-by-state/west-virginia/", "source": "https://code.wvlegislature.gov/9-5-9/", "source_quote": "(d) The relatives of an indigent person, who are of sufficient ability, shall be liable to pay the direct cremation or direct burial expenses in the following order: (1) The spouse. (2) The children. (3) The parents. (4) The brothers and sisters. (e) The department may proceed by motion in the circuit court of the county in which the indigent person may be, against one or more of the relatives liable.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] }, { "state": "Wisconsin", "statute_citation": "49.90", "duty_owed_by": "The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able", "trigger_condition": "any dependent person who is unable to maintain himself or herself", "ability_to_pay_qualifier": "if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age", "remedy_type": "civil", "who_may_enforce": "the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person", "statutory_defences": "those persons receiving benefits under federal Title XVI or under s. 49.77 shall not be deemed dependent persons", "public_charge_limit": "public assistance only", "id": "wisconsin", "url": "https://referencesource.org/filial-responsibility-laws-by-state/wisconsin/", "source": "https://docs.legis.wisconsin.gov/document/statutes/49.90", "source_quote": "The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able, in a manner approved by the authorities having charge of the dependent, or by the board in charge of the institution where such dependent person is; but no parent shall be required to support a child 18 years of age or older.", "verified_fields": [ "ability_to_pay_qualifier", "duty_owed_by", "statute_citation", "statutory_defences", "trigger_condition", "who_may_enforce" ], "derived_fields": [ "public_charge_limit", "remedy_type", "state" ] } ] }