Time to get tough with delinquent parents

The idea of parents facing serious penalties for the crimes of their offspring is not new, even if it may seem like a controversial concept to some. In several parts of the United States there are already parental responsibility statutes to deal with the parents of law-breaking minors. In Detroit, for example, a delinquent parent can be fined up to US$500 and spend 90 days in jail if they are found to be repeatedly negligent in their parental duties.

In my on-line research on this subject, I came across a Parent Liability Child’s Act which deals with a parent’s obligation to pay for their child’s negligent, intentional or criminal acts. In most parts of the US, parents are responsible for all malicious or wilful property damage done by their children. This parental liability generally does not begin until the child is between ages eight and ten and ends when the child reaches the age of majority — 18 years.

A look at some of the US states where parental liability laws are in force reveals the following:

— In Arizona parents are liable for intentional acts of their children that injure others or damage their property. Parents can be held automatically liable for up to US$10,000 in damage. Although not automatic, under some circumstances, this legal responsibility may extend to the full value of the victim’s damages.

— In California parents are responsible if the parent has knowledge of the child’s potential for misconduct and fails to take reasonable steps to prevent such misconduct; if the parent has signed the child’s driver’s license application or the child drives the parent’s car with the parent’s knowledge and permission; if the child is guilty of wilful misconduct; or if the child is given ready access to a firearm.

— In Indiana, if the juvenile is deemed to be a delinquent, the parents or guardians may be required to participate in programmes of care, treatment, or rehabilitation for the juvenile and will be held financially responsible for any services provided. These may include the costs incurred on behalf of the juvenile for attorneys, institutional or foster care placement, detention, inpatient/outpatient treatment, or counselling. A parent is liable to another person for up to US$5,000 in actual damages arising from harm to person or property caused by a child in their custody and may be fully liable for all actual damages resulting from gang activity.

— In Missouri, parents may be liable in an amount up to US$2,000 under that state’s parental liability statute. Parents may be liable for greater amounts if the court determines that the child’s actions were a result of parental negligence. The child must act purposely before the parent is liable.

I believe we are now at the stage in Trinidad and Tobago where we need to hold parents liable for the criminal activities of their children. It is no secret that a significant percentage of the crimes being committed in this country, including several that are deemed gang and drug related, are being done by persons under the age of 18. Indeed, I would hazard a guess that the average age of a TT gangster is 16 years old.

A quick scan of news reports of the latest robbery, rape or murder suspects reveals that many of them are in their teens, secondary school drop-outs with links to criminal gangs. This is not a recent development but it is becoming more common to read and hear about minors arrested and convicted for committing crimes.

These juvenile delinquents didn’t just appear out of thin air, or dropped out of breadfruit trees. They were conceived and raised in conditions of abuse and extreme neglect in many cases. Should the delinquent parents of these young delinquents escape unscathed given the huge social and economic costs faced by the country as a result of their parental negligence? I think not.

We have reached a stage in this country where too many of our children are literally being thrown away, deprived from very early in their lives of the care, protection and guidance necessary for them to develop into healthy, balanced adults.

Our rapidly increasing population of street children, child prostitutes and young gangsters is proof of a social ill that has been ignored for too long.

I think it would make a great deal of difference. A lot of parents who barely pay attention to their children, allowing them to roam at will, not questioning their activities or acquaintances, would be forced to abandon their negligent parenting styles if they had the threat of heavy fines or time behind bars hanging over their heads.

It is time for adults to bear some of the responsibility when people are hurt, or property damaged as a result of criminal activity by their children. Too many parents and guardians are getting away when they should be paying a heavy price for the offences they allow their children to commit.

Mr Attorney General, Mr Minister of National Security please do something. Juvenile delinquents and their delinquent parents need to be dealt with now, before it is too late!

(ssheppard@newsday.co.tt)