Parental Liability and Restitution

Parental Liability

Parents or guardians are legally liable in various ways for the acts of their children. These are additional reasons for parents to deal with their child's behavior before it results in criminal acts.

Contributing to the Delinquency of a Minor. Parents or legal guardians who fail in their legal duty to exercise reasonable care, supervision, protection, and control over their minor children can be charged with contributing to the delinquency of a minor, a misdemeanor punishable by one year in jail and/or a $2,500 fine per count. In October 1995 the City Attorney started a new Parenting Project to help correct this situation. It gives parents of first-time juvenile offenders a choice -- participate in a parenting education program or face criminal prosecution.

Liability for Restitution, Fines, and Penalties. Beginning January 1, 1996 the California Welfare and Institutions Code allows judges to order parents or guardians to pay up to $25,000 to cover losses suffered by the victims of crimes committed by their minor children, and other fines and penalties that may be assessed against the minor. Furthermore, the future earning power of the parent, guardian, and minor can be considered in setting these liabilities.

Liability for Civil Damages. Under the California Civil Code parents or guardians are liable for civil damages of up to $25,000 for any act of willful misconduct of a minor in their custody and control that results in injury or death to another person or in any injury to the property of another.

Civil Liability for Injury Caused by Firearms. The California Civil Code makes parents or guardians liable for injuries caused by the discharge of a firearm by a minor in their custody and control, where the minor was permitted to have the firearm or the firearm was left in a place accessible to the minor. Damages are limited to $30,000 for injury to or death of one person, or $60,000 for all persons in a single occurrence.

Restitution

One way for parents or guardians to avoid liability for the acts of their minor children in civil lawsuits is to work out an agreement for repayment of the victim's losses. This can be done by mediators who assist the victim and youth in talking about the incident and its consequences, get the youth to take responsibility for his/her actions, and draft a realistic restitution agreement. Call the San Diego Mediation and Restitution Services at (858) 273-2593 to obtain detailed information about this process.