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In reply to the discussion: Pregnant Teen Wins Abortion Battle [View all]happyslug
(14,779 posts)233. Illinois your limit is $20,000 plus attorney's fees
§115/3: Parents liable for willful or malicious property damage or personal injury. §115/3: $20,000 Plus Attys Fees (115/5)
§5/21-1.2: Parent liable for childs damage to church, mosque, synagogue, cemetery, etc. §5/21-1.2: $20,000 Plus Attys Fees (115/5)
§5/16A-7: Parents civilly liable for retail theft by child.§5/16A-7: $20,000 Plus Attys Fees (115/5), Plus $100 to $1,000 and Attys Fees/Costs
http://www.mwl-law.com/CM/Resources/Parental-Responsibility-Chart.pdf
In Illinois, the $20,000 liability only applies to acts of children over age 11:
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 or the Criminal Code of 2012. 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. 97-1150, eff. 1-25-13.)
(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.)
(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 or the Criminal Code of 2012. 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. 97-1150, eff. 1-25-13.)
(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.)
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2045&ChapterID=57
The parents or legal guardians of an unemancipated minor, other than guardians appointed under the Juvenile Court Act or the Juvenile Court Act of 1987, shall be liable for the amount of any judgment for actual damages rendered against the minor under this subsection in an amount not exceeding the amount provided under Section 5 of the Parental Responsibility Law.
(Source: P.A. 97-1108, eff. 1-1-13.)
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+21%2C+Subdiv%2E+1&ActID=1876&ChapterID=53&SeqStart=64550000&SeqEnd=65150000
(a) A person who commits the offense of retail theft as defined in subdivision (a)(1), (a)(2), (a)(3), or (a)(8) of Section 16-25 shall be civilly liable to the merchant of the merchandise in an amount consisting of:
(i) actual damages equal to the full retail value of
the merchandise; plus
(ii) an amount not less than $100 nor more than
$1,000; plus
(iii) attorney's fees and court costs.
(b) If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this Section; however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the Parental Responsibility Law. For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this Section.
(d) Judgments arising under this Section may be assigned.
(Source: P.A. 97-597, eff. 1-1-12.)
(i) actual damages equal to the full retail value of
the merchandise; plus
(ii) an amount not less than $100 nor more than
$1,000; plus
(iii) attorney's fees and court costs.
(b) If a minor commits the offense of retail theft, the parents or guardian of the minor shall be civilly liable as provided in this Section; however, a guardian appointed pursuant to the Juvenile Court Act of 1987 shall not be liable under this Section. Total recovery under this Section shall not exceed the maximum recovery permitted under Section 5 of the Parental Responsibility Law. For the purposes of this Section, "minor" means a person who is less than 19 years of age, is unemancipated, and resides with his or her parent or parents or legal guardian.
(c) A conviction or a plea of guilty to the offense of retail theft is not a prerequisite to the bringing of a civil suit under this Section.
(d) Judgments arising under this Section may be assigned.
(Source: P.A. 97-597, eff. 1-1-12.)
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+10&ActID=1876&ChapterID=53&SeqStart=39100000&SeqEnd=39600000
Now in Texas the langauge is different:
FAMILY CODE
TITLE 2. CHILD IN RELATION TO THE FAMILY
SUBTITLE B. PARENTAL LIABILITY
CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD
Sec. 41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:
(1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or
(2) the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2001, 77th Leg., ch. 587, Sec. 1, eff. Sept. 1, 2001.
Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1997, 75th Leg., ch. 783, Sec. 1, eff. Sept. 1, 1997.
Sec. 41.0025. LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL. (a) Notwithstanding Section 41.002, recovery of damages by an inn or hotel for wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
(b) In this section "occurrence" means one incident on a single day in one hotel room. The term does not include incidents in separate rooms or incidents that occur on different days.
Added by Acts 1997, 75th Leg., ch. 40, Sec. 1, eff. Sept. 1, 1997.
Sec. 41.003. VENUE. A suit as provided by this chapter may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
TITLE 2. CHILD IN RELATION TO THE FAMILY
SUBTITLE B. PARENTAL LIABILITY
CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD
Sec. 41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:
(1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or
(2) the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 2001, 77th Leg., ch. 587, Sec. 1, eff. Sept. 1, 2001.
Sec. 41.002. LIMIT OF DAMAGES. Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995; Acts 1997, 75th Leg., ch. 783, Sec. 1, eff. Sept. 1, 1997.
Sec. 41.0025. LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL. (a) Notwithstanding Section 41.002, recovery of damages by an inn or hotel for wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
(b) In this section "occurrence" means one incident on a single day in one hotel room. The term does not include incidents in separate rooms or incidents that occur on different days.
Added by Acts 1997, 75th Leg., ch. 40, Sec. 1, eff. Sept. 1, 1997.
Sec. 41.003. VENUE. A suit as provided by this chapter may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.41.htm
i.e, it is a defence if the acts of the Child is BEYOUND what a normal parent would consider a child would do. It is also a defence if the child is below age 10.
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Oh right, like parents are not going to feel that they have to step in and help?
Tumbulu
Feb 2013
#14
You didn't tell us you know the people involved. Since you know "THAT is the best choice", I must
uppityperson
Feb 2013
#90
You don't understand why a grandparent would want to have their grandchildren around?
Exultant Democracy
Feb 2013
#145
Her parents are legally responsible for her (and her troubles) til she's 18 yrs old
riderinthestorm
Feb 2013
#53
why the parents of the boy are not legally liable for some of the girl's expenses
AlbertCat
Feb 2013
#97
I'm presuming they are responsible for the other half of medical costs
riderinthestorm
Feb 2013
#105
I'm going to guess that's why they were only ordered to pay half medical
riderinthestorm
Feb 2013
#98
Not sure any law requires them to pay for her phone or car. Just her food and lodging and health.
McCamy Taylor
Feb 2013
#122
Oh agreed. They also have to give her clothing. The car thing is weird.
riderinthestorm
Feb 2013
#123
Or you can be 100% trying to help and teach your kids, and they just don't give a damn.
loudsue
Feb 2013
#70
I am sick of the glorification of birth married to a complete absence of responsibility.
Sekhmets Daughter
Feb 2013
#35
I agree--that would be way past grounds for a visit from Child Protective Services or a
MADem
Feb 2013
#208
Thanks, I'll edit. I was going by a post, not the original article. I defer to the court documents.
freshwest
Feb 2013
#210
Her parents are legally responsible for her (and her troubles) til she's 18 yrs old
riderinthestorm
Feb 2013
#51
Yes, because they, themselves, should hot have had to commit to any parental
ScreamingMeemie
Feb 2013
#225
Yes, but the parents shouldn't be liable for hospital bills, her transportation etc.
wisteria
Feb 2013
#31
Well, at that point the issue is rape, without the cover of "Romeo and Juliet" laws,
MADem
Feb 2013
#211
We'd defend a 16 year old boy whose parents tried to force him to get a tattoo
muriel_volestrangler
Feb 2013
#186
No, her parents should not get the ultimate decision over her body
muriel_volestrangler
Feb 2013
#205
So if parents can't have the ultimate decision, what's the point of parenthood then?
alp227
Feb 2013
#209
Parents force cosmetic procedures on their children all the time without their consent.
riderinthestorm
Feb 2013
#219
In the US, Hispanic baby girls very commonly sport pierced ears. Baby Hindu girls with bindis
riderinthestorm
Feb 2013
#222
Would you make your 16 year old have an abortion if she didn't want to?
Puzzledtraveller
Feb 2013
#153
yes i would - at 16, she had no idea how to take care of herself, much less a baby
wordpix
Feb 2013
#183
Forcing people to have abortions because of your opinion of their abilities
muriel_volestrangler
Feb 2013
#187
i dont understand the 'consequences be damned all that matters is she got her choice'
leftyohiolib
Feb 2013
#159
Agreed. Its odd that neither the parents nor child pursued emancipation
riderinthestorm
Feb 2013
#121
Many young people are rabidly anti-choice. Something is not right in the education system. n/t
SylviaD
Feb 2013
#8
This girl is from Texas, so she may be more conservative then most others her age.
alp227
Feb 2013
#84
Looks like the parents were trying to show her some adult responsibility.
Dont call me Shirley
Feb 2013
#25
They were paying the phone bill, owned the car and, as her parents, could
Sekhmets Daughter
Feb 2013
#40
She clearly is not--otherwise, her parents wouldn't be required to pay for her care and car. nt
MADem
Feb 2013
#214
Per the article, the girl is living with her mom. And the parents have been ordered to $upport her
riderinthestorm
Feb 2013
#224
As to emancipation, the Illinois Emancipation of Minors Act has the following sentence:
happyslug
Feb 2013
#234
A child cannot simply declare themselves emancipated and voila! Its done
riderinthestorm
Feb 2013
#236
Look at Section 2, the last sentence of the second paragraph, it reads as follows:
happyslug
Feb 2013
#237
Is she an emancipated minor? I hadn't seen that. Link? Otherwise they are responsible
riderinthestorm
Feb 2013
#49
Unless she's won a legal emancipation, they are still responsible for her legally
riderinthestorm
Feb 2013
#63
link she was not living with her parent now or at the time she became pregnant
azurnoir
Feb 2013
#62
Oh I agree. This case sucks but the parents are still legally responsible
riderinthestorm
Feb 2013
#66
The proof is the fact that she wasn't living with her parents and I'll tell you how I know.
notadmblnd
Feb 2013
#91
The thing is it's the daughter's choice, which means all the responsibilities of that choice
jeff47
Feb 2013
#69
I agree its unfair regardless of the law. And you put your finger right on the heart of the matter
riderinthestorm
Feb 2013
#218
If a woman can not support herself and her child(ren), the child(ren) should be fostered out or adop
uppityperson
Feb 2013
#75
I understand this is a minor, but was expanding on what you wrote, trying to clarify.
uppityperson
Feb 2013
#89
Good luck to that teen. I hope if she changes her mind or needs help later she can get help. Choice
uppityperson
Feb 2013
#77
The parents could have (should have?) petitioned to have her declared an "emancipated minor".
marybourg
Feb 2013
#79
1) "Roe" made this her choice. There can be no obligation for her to abort.
OmahaBlueDog
Feb 2013
#93
why didn't the court mandate any percentage of support from the baby's father??
Blue_Tires
Feb 2013
#102
actually, if I had my CHOICE, every school would begin in middle school to have a class in
wordpix
Feb 2013
#184
Curious about how the right wing will cover this. Basically, it means that no one can "punish" their
McCamy Taylor
Feb 2013
#125
It's her life & the baby's life. See how she deals with it.Could go either way.Her body / her choice
judesedit
Feb 2013
#126
Now the kid's a saint for saving her unborn baby.. (which is, of course, her choice)
mountain grammy
Feb 2013
#128
Anyone who thinks the parents should have the authority to force an abortion...
NaturalHigh
Feb 2013
#140
The bus service in Houston is horrible. You have to have a car to get anyplace
Manifestor_of_Light
Feb 2013
#174
But in two years, she won't be a teen. And her child will have a whole life ahead of her!
Pterodactyl
Feb 2013
#173
There is something wrong here, this was filed February 11 and the parents had 20 days to respond
happyslug
Feb 2013
#164
The fundies will pick up the tab, wait and see.. I can already see her in her own McMansion and with
secondwind
Feb 2013
#176