If the court awards damages will we be responsible for our child's amount that was stolen?

Full question:

My 17 year old son is out of control. We have tried everything. Two weeks ago he was arrested and charged with a misdemeanor , criminal trespass of a vehicle he was released on an i bond has a court date of 6/8. This week he was arrested in a different city same county and charged with a class A misdemeanor.. some kind of theft. We did not bail him out (tried tough love approach) but someone he knows did. What is the likelihood that he will serve time? If the court awards damages, fines or restitution are we as parents responsible for these amounts? He snuck out during the night to commit these crimes.

• Category: Minors
• Subcategory: Liability of Parent
• Date: 04/07/2025
• State: Illinois

Answer:

The following is an IL statute:

(740 ILCS 115/1) (from Ch. 70, par. 51)

Sec. 1.
This Act shall be known and may be cited as the Parental Responsibility Law.

(Source: P. A. 76-1679.)

(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 a plaintiff that is not a governmental unit in any action under this Act.

(Source: P.A. 90-311, eff. 1-1-98.)

(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 each occurrence of such wilful or malicious acts by the minor causing injury, 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.

(Source: P.A. 94-130, eff. 7-7-05.)

(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

Please see the information at the following links:

 

 

http://mesh.medill.northwestern.edu/mnschicago/archives/1999/05/murder_victims.html

http://www.sagepub.com/lippmanstudy/state/il/Ch06_Illinois.pdf

http://www.desplaines.org/Services/Police/ParentalResponsibility.htm

http://www.vi.wheeling.il.us/Services/Police/FrequentlyViolatedLaws.htm#Liability%20of%20parent%20or%20legal%20guardian%20of%20minor%20offender