When Are Parents Held Liable for a Child’s Delinquency in NJ?

If you have ever heard a story of a child committing criminal acts, you have likely heard somebody say, “Where were their parents?” When children misbehave, the parents are often blamed. Sometimes, this becomes a legal matter, and parents might be legally responsible for their kids’ wrongdoing. Exactly when and how a parent may be held liable for their child’s delinquency depends on the circumstances of the case.

Whether or not a parent may be held liable for offenses committed by a child depends on numerous factors, including the child’s age and whether the parent did anything to prevent the offense from happening. If the child could commit the offense because of the parent’s negligent lack of supervision, the parent could be liable. In some cases, parents are criminally charged for allowing or even assisting a child in committing a crime. If your child is facing charges for something you could or should have prevented, you should speak to an attorney about the consequences you might face.

Get a free, private case review from our Atlantic City, NJ juvenile defense lawyers by calling the Lombardo Law Group, LLC at (609) 418-4537.

Can a Parent Be Held Liable for Criminal Offenses Committed by a Child in NJ?

Parents can potentially be held liable for offenses committed by children, but only under certain circumstances. These cases can be somewhat subjective and open to interpretation. While parents are responsible for their children, they cannot control absolutely everything their child does.

In some cases, parents may be held civilly liable for the delinquent actions of their children. For example, under N.J.S.A. § 2A:53A-15, a parent or legal guardian of a minor under 18 may be civilly liable for the minor’s malicious, willful, or unlawful destruction of real property if such behavior stems from the parent or guardian’s failure to supervise and control the minor’s behavior. Destruction of real property might include minor acts of vandalism, like breaking windows, or serious criminal acts, like arson.

Additionally, according to § 2A:53A-17.1, a parent may be held civilly liable if their child is adjudicated delinquent for cyber-harassment if the parent demonstrated a wanton or willful disregard for their child’s supervision. These are just a couple of examples of how parents may be on the hook for their kids’ bad behavior. Even so, parents usually must have more than a tenuous connection to the offense.

A parent is more likely to be held responsible if the child’s behavior directly results from the parent’s failure to supervise. If you provided adequate supervision and care yet your child still managed to commit a criminal offense, our Egg Harbor Township, NJ defense attorneys may help you avoid liability.

In other cases, parents might also be criminally charged in relation to their child’s delinquency. For example, under § 2C:58-15(a), parents who know or reasonably should know that their child may gain access to a loaded firearm in their arm and under their control may be charged with a disorderly person offense if the minor does in fact gain access to the firearm. However, the charges may be refuted if the parent took certain steps to secure the firearm.

Factors to Consider When Holding a Parent Liable for Their Child’s Delinquency in NJ

While parents are responsible for a lot when it comes to their kids, they might not automatically be responsible when children commit criminal offenses. If someone wants to hold you legally responsible for your child’s actions, the court will likely evaluate a number of factors, including the following.

The Child’s Age

First, courts may consider the child’s age. The younger a child is when they commit a criminal offense, the more likely a parent or guardian will be held responsible. For example, when a 7-year-old child cuts a playmate with a boxcutter, parents are likely to bear some responsibility. However, if the child was 17 instead of 7, the parents are less likely to be deemed responsible. Older teenagers have a lot more independence than children, and they are more capable of understanding the consequences of their actions.

The Alleged Offense

The court will also examine the nature of the alleged offense. When offenses are less severe, courts might not bother to hold a parent or guardian liable. For example, the stakes are pretty low if a child breaks a window or graffiti’s public property. However, if the child caused another person serious bodily harm, courts are more inclined to determine which adult should be held liable.

How Were Parents Involved?

We should also consider how you might have been connected to your child’s alleged offense. Did you know they were planning to do it? Did you do anything to prevent it? Did you provide resources, tools, or assistance so your child could carry out the alleged offense? The more involved you are with the offense, the more likely you will be held liable. If you truly had no idea about the offense and did your best to adequately supervise your child, you are less likely to be held legally responsible.

Did the Parents Try to Prevent the Offense?

Finally, we should consider what you did to prevent your child from committing the alleged criminal offense. For example, suppose your child is in trouble for bringing your firearm to school. Naturally, authorities might try to hold you responsible. Suppose you kept your firearm stored in a secure location (e.g., a gun safe) and stored ammunition separately from your firearm. In that case, you might be able to argue that you took reasonable and necessary steps to prevent your child from obtaining the firearm. However, if you stored the firearm in an unlocked drawer within your child’s easy reach, you might be in trouble.

Should I Hire a Lawyer for Myself if My Child is Arrested in NJ?

If your child has been arrested, you should consider hiring a lawyer for them and yourself. Depending on how everything plays out, there is a chance that you will be held civilly liable for the damages caused by your child. It is also possible that you may face criminal charges of your own.

Parents are not automatically charged with a crime or sued just because their child did something wrong. However, we cannot rule out the possibility of something like that happening. If your child is in legal trouble, contact an attorney with experience defending juvenile offenders. You might also want to speak to that attorney about potential legal consequences for yourself.