Is a parent of a dependent person who assists in caring for that dependent person at home a "caretaker"?

California, United States of America


The following excerpt is from People v. McGaw, C068312 (Cal. App. 2014):

This case involves a matter of statutory construction, namely whether a parent of a dependent person who assists in caring for that dependent person at home is a "caretaker" within the meaning of section 288. " 'Under well-established rules of statutory construction, we must ascertain the intent of the drafters so as to effectuate the purpose of the law. [Citation.] Because the statutory language is generally the most reliable indicator of legislative intent, we first examine the words themselves, giving them their usual and ordinary meaning and construing them in context.' [Citation.]" (Mejia v. Reed (2003) 31 Cal.4th 657, 663.) "When the plain meaning of the statutory text is insufficient to resolve the question of its interpretation, the courts may turn to rules or maxims of construction 'which serve as aids in the sense that they express familiar insights about conventional language usage.' [Citation.] Courts also look to the legislative history of the enactment." (Ibid.)

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