Parental Responsibility

Should parents be arrested for their kids’ crimes? Sometimes when your children commit a crime you can be arrested as well. Whether or not a parent is aware of his or her child breaking the law the parent is held accountable in most cases.

Lawmakers in 25 states and hundreds of communities have recently passed similar parental responsibility laws. Many people feel that such laws would make parents more responsible and thus stem youth crime, which has risen since the early 1980s.

In Illinois, authorities in the Chicago suburb of Richton Park can now sentence parents to up to 160 hours of community service if their children break truancy, curfew, liquor, or vandalism laws.

You need someone who knows how to fight for your rights in this type of case, the Law Offices of Louis R. Fine.

Schedule a free initial consultation today!

740 ILCS 115/2) (from Ch. 70, par. 52)

Sec. 2. As used in this Act, unless the context otherwise requires, the terms specified have the meanings ascribed to them:

(1) “Legal guardian” means a person appointed guardian, or given custody, of a minor by a circuit court of the State, but does not include a person appointed guardian, or given custody, of a minor under the Juvenile Court Act or the Juvenile Court Act of 1987.

(2) “Minor” means a person who is above the age of 11 years, but not yet 19 years of age.

(Source: P.A. 85‑1209.)

740 ILCS 115/3) (from Ch. 70, par. 53)

Sec. 3. Liability. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian is liable for actual damages for the wilful or malicious acts of such minor which cause injury to a person or property, including damages caused by a minor who has been adjudicated a delinquent for violating Section 21‑1.3 of the Criminal Code of 1961. Reasonable attorney’s fees may be awarded to any plaintiff in any action under this Act. If the plaintiff is a governmental unit, reasonable attorney’s fees may be awarded up to $15,000.

The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.

(Source: P.A. 95‑914, eff. 1‑1‑09.)

740 ILCS 115/4) (from Ch. 70, par. 54)

Sec. 4. Any municipal corporation, county, township, village or any other political subdivision or department of the State of Illinois, or the United States or any of its instrumentalities, or any person, partnership, corporation, association or any incorporated or unincorporated religious, educational or charitable organization is entitled to enforce the liability imposed by this Act.

(Source: P.A. 88‑406.)

740 ILCS 115/5) (from Ch. 70, par. 55)

Sec. 5. Limitation on damages; damages allowable. No recovery under this Act may exceed $20,000 actual damages for each person, or legal entity as provided in Section 4 of this Act, for the first act or occurrence of such wilful or malicious acts by the minor causing injury, and $30,000 if a pattern or practice of wilful or malicious acts by a minor exists for a separate act or occurrence, in addition to taxable court costs and attorney’s fees. In determining the damages to be allowed in an action under this Act for personal injury, only medical, dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered.

The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.

(Source: P.A. 94‑130, eff. 7‑7‑05; 95‑914, eff. 1‑1‑09.)

740 ILCS 115/6) (from Ch. 70, par. 56)

Sec. 6.

This Act shall not affect the recovery of damages in any other cause of action where the liability of the parent or legal guardian is predicated on a common law basis.

(Source: P. A. 76‑1679.)

740 ILCS 115/7) (from Ch. 70, par. 57)

Sec. 7. Section 12‑107 of the Code of Civil Procedure, as now or hereafter amended, is not applicable to judgments obtained under this Act.

(Source: P.A. 82‑783.)