Today’s author is @ReyGonzalez
This is a timely piece considering the events of the past few weeks. Thanks, Rey.
Before I delve into this parental liability topic, one which I know little about, I can say that as a child, my parents taught me, and as a parent, I taught my children, right from wrong, responsibility, and consequences. Some of the information on this parental liability topic you’ll read is found on the interwebz. And perhaps our legal eagles can add facts based on court rulings that explain parental liability. I composed this post based on current talking points as to why the parents of the parade shooter, the Buffalo shooter, Parkland School, Uvalde School, and even mentions of Sandy Hook.
Parental liability, as I understand it, is the term used that refers to a parent’s obligation to pay for damage caused by negligent, intentional, or criminal acts committed by the parent’s child. According to some legal debates, a parent’s liability usually ends when the child reaches the age of majority (18 years old) and doesn’t begin until the child reaches 8 to 10 years old.
Today, most states have laws relating to parental liability in various applications. Children’s offenses can be civil or criminal in nature. Civil cases are lawsuits brought by a person for money damages, while criminal cases are brought forth by local/state DAs for violations of criminal law. Many acts can trigger both civil and criminal legal repercussions.
In most states, parents are responsible for all malicious or willful property damage done by their children. This is called civil parental liability because it’s non-criminal. The parent is obligated only to financially compensate the party harmed by his or her child’s actions. Keep in mind that laws vary by state regarding the monetary limits on damages that can be collected, the age limits of the child, and the inclusion of personal injury in the tort claim. In preparing for this post, I read that California law, for example, imposes a $25,000 limit (per incident) on parents or guardians for damages resulting from a minor’s willful misconduct.
Laws making parents criminally responsible for the delinquent acts of their children follow the civil liability statutes. In 1903, Colorado was the first state to enact the law of “contributing to the delinquency of a minor.” At least 42 other states and DC now have laws against contributing to the delinquency of a minor. This law may and is also usually applied to non-parental adult accomplices.
So, given the aforementioned criminal cases, what are the legal responsibilities of parents? Should we conclude that at 18 years of age, a child is an adult, although he/she may still live in the parental basement? Or should it be as with the Obamacare…age 26? Better yet, if voting age is lowered to 16, should 16 be the threshold? In a few states, the age of majority is 19 or 21. You may want to check your state’s legal age of majority laws.
Shirley, most of us understand that these questions are best debated and argued on a case-by-case basis. As I understand it, the Highland Park shooter’s father signed off for the child to possess the rifle. Who made the purchase? We don’t know. And the father supposedly knew of his son’s threats to kill family, drawings and lone wolf persona. And of course, was reported to law enforcement. Mental issues? Medication? Only the parental units know.
Ok, back to state laws. Some states impose criminal liability when it comes to firearm access and Internet crimes. Slightly more than half of all states have child firearm access prevention laws that, generally, make it illegal for a parent to leave a firearm within reach of his or her child. In some Internet access and computer hacking laws cases, a parent can also be responsible for their child’s online crimes.
Let’s also keep in mind, while discussing this topic, that parents (well, most parents) will parent. It’s inherent to parenting. Some parents simply cover up the wrongdoing in an effort to not bring shame and/or dishonor, gossip or social media discussions on the family. I personally know parents whose adult children are drug users/abusers, in and out of rehabs. These parents try their very best to provide love, home, family, professional help, and even religious participation. I can say that some parents will downplay and perhaps don’t want to realize or admit, that the drug use of their kid is a stronger, more critical drug than they are willing to admit.
So, what are the legal responsibilities of parents, aside from health/medical, food, housing, education? Disciplining? Sure. But then, there are laws in most states now that do not allow a good hand snap to the buttocks, a slap on the head, or even soap in the mouth. Department of Children’s and Family Services will be on you like stink and flies on excrement.
Discuss amongst yourselves.
