School Climate & Safety

States Wield Parent Fines in Fight Against Crime

By Jessica Portner — February 21, 1996 4 min read
  • Save to favorites
  • Print

In West Virginia, if your child scrawls graffiti on a government building, the state could send you a bill for up to $5,000.

In California, you could face a $1,500 fine if you neglect to supervise your child while he performs court-ordered community service.

And in Oregon, if your teenager violates the curfew law, you may be required to attend a parenting class or pay a $1,000 fine.

This is the new cost of parenting in the 1990s, according to state leaders who have become increasingly fond of legislation that makes parents pay when their children break the law.

The Price for Parents

Frustrated with the increase in juvenile crime in recent years, about 20 legislatures recently have adopted laws that hold parents financially responsible for their offspring’s crimes, according to the Denver-based National Conference of State Legislatures.

From Illinois to Arizona, parents can be asked to shell out from $100 to $25,000 for their children’s offenses, ranging from curfew violations to violent assaults.

“I hope this gets their attention,” Mike Lehman, a Democratic state representative in Oregon, said of parents.

Mr. Lehman helped write a new law giving courts the authority to order parents to pay up to $1,000 if their child is convicted of certain offenses. That law took effect last September.

“If you are going to lock kids up for serious crimes, then parents should be held responsible,” Mr. Lehman said last week.

In California, Assemblyman Phil Hawkins, a Republican, says he is equally supportive of this tactic.

Mr. Hawkins wrote a law that became effective last month that allows judges to order parents to accompany their child to court or face a contempt charge.

Parents who sometimes have no idea what their child has been doing should be compelled by the court to become involved, Mr. Hawkins said.

Under the law, judges also are allowed to order parents to perform community service if their child is found guilty.

“People are fed up with the ways little hoodlums are running around and treating society, and we are ready to do something about it now,” Mr. Hawkins said last week.

Part of Larger Effort

Most of the parental-responsibility laws that have swept through state legislatures in the past few years were part of larger juvenile-justice efforts designed to get tough on youth crime.

At the same time that they were imposing stiff penalties for parents, many lawmakers across the country pushed through bills that toughened sentences for juveniles, allowed minors to be tried as adults, and paid for more juvenile-detention facilities. (See Education Week, March 9, 1994.)

The growing number of young people involved in violent crimes has helped to fuel the swift passage of such measures.

The number of juveniles arrested for violent crimes has shot up 47 percent in the past five years, according to a 1995 study by the U.S. Department of Justice. Juvenile arrests for violent crime are projected to double by 2010, the report said. (See Education Week, Sept. 20, 1995.)

Though it’s too early to determine whether these new parental-responsibility laws have had any positive results, many state legislators have said they modeled their laws on local ordinances they considered effective in reducing juvenile crime.

In Silverton, Ore., Police Chief Randy Lunsford said that since a local law was enacted last year to fine parents for their children’s minor offenses, juvenile crime in the town of 6,400 has dropped by 44.5 percent.

Dodging the Problem

But lawmakers and police aside, most juvenile-justice experts say they doubt a financial pinch on parents will modify a delinquent child’s behavior.

“It’s naive to think this is going to produce the desired change,” said James Austin, the executive vice president of the National Council on Crime and Delinquency, a Washington-based research organization.

“It’s dodging the problem, and that is that parents don’t have the parenting skills,” he said.

Those states that mandate parenting classes when a juvenile commits a crime may be on the right track, Mr. Austin said.

But if states simply fine parents without offering family support services, states could just end up in the fine-collection business, he said.

Other juvenile-justice experts say penalizing poor parents who may not be able to afford the fees could have negative consequences for children.

“Many of these kids come from families in a lot of crisis, and making parents pay may exacerbate the problems,” said Mark Soler, the president of the Youth Law Center, a public-interest law firm based in San Francisco. “The parents pay and pay and then take it out on their kids.”

But many state leaders argue that these new laws offer alternatives to cash penalties, such as community service. And judges often have the discretion to dismiss the charges against the parents if, for instance, a parent proves to the judge that he or she has made a good-faith effort at discipline.

Critics, however, argue that putting the state’s stamp of approval on the idea of penalizing parents can lead to extreme sentences by local judges.

As an example, they point to the widely reported recent case of a South Carolina mother who was literally chained to her 15-year-old daughter, who was awaiting sentencing on charges of shoplifting, breaking and entering, and truancy.

Long-Term Trend?

Despite these concerns, however, it’s unlikely the wave of parental-responsibility legislation will end soon.

Just last month, Gov. Pete Wilson of California announced in his State of the State Address another proposal to dig into parents’ wallets.

He proposed fining parents if their child violates a local curfew ordinance. Under Mr. Wilson’s plan, local police agencies would be authorized to write parents a ticket, an aide to the governor said.

“Parents are morally responsible for the behavior of their minor children,” Mr. Wilson said in his address. “They should be legally responsible for the costs as well.”

Related Tags:

A version of this article appeared in the February 21, 1996 edition of Education Week as States Wield Parent Fines in Fight Against Crime

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Standards-Based Grading Roundtable: What We've Achieved and Where We're Headed
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Creating Confident Readers: Why Differentiated Instruction is Equitable Instruction
Join us as we break down how differentiated instruction can advance your school’s literacy and equity goals.
Content provided by Lexia Learning

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety 'A Universal Prevention Measure' That Boosts Attendance and Improves Behavior
When students feel connected to school, attendance, behavior, and academic performance are better.
9 min read
Principal David Arencibia embraces a student as they make their way to their next class at Colleyville Middle School in Colleyville, Texas on Tuesday, April 18, 2023.
Principal David Arencibia embraces a student as they make their way to their next class at Colleyville Middle School in Colleyville, Texas, on Tuesday, April 18, 2023.
Emil T. Lippe for Education Week
School Climate & Safety 4 Case Studies: Schools Use Connections to Give Every Student a Reason to Attend
Schools turn to the principles of connectedness to guide their work on attendance and engagement.
12 min read
Students leave Birney Elementary School at the start of their walking bus route on April 9, 2024, in Tacoma, Wash.
Students leave Birney Elementary School at the start of their walking bus route on April 9, 2024, in Tacoma, Wash. The district started the walking school bus in response to survey feedback from families that students didn't have a safe way to get to school.
Kaylee Domzalski/Education Week
School Climate & Safety Most Teachers Worry a Shooting Could Happen at Their School
Teachers say their schools could do more to prepare them for an active-shooter situation.
4 min read
Image of a school hallway with icons representing lockdowns, SRO, metal detectors.
via Canva
School Climate & Safety Civil Rights Groups Seek Federal Funding Ban on AI-Powered Surveillance Tools
In a letter to the U.S. Department of Education, the coalition argued these tools could violate students' civil rights.
4 min read
Illustration of human silhouette and facial recognition.
DigitalVision Vectors / Getty