Holding parents legally responsible for the actions of their children

November 30, 6:41 PMNY Education ExaminerLorri Giovinco-Harte

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Barack Obama's infomercial received tepid reviews from critics, but I rather liked it.  I've heard the criticisms which complain that it was a 'slick corporate' production, and I cannot disagree.  What I enjoyed about watching the segment, however, was that it felt refreshing to hear a candidate address some of the genuine concerns of average Americans.  It is far too early to tell if our president elect will follow through on any of the plans of which he spoke, yet it was a nice change to at least hear a candidate talk about the reality which average Americans face.

I was particularly impressed with the way that he began speaking about education in our country; he immediately addressed parental responsibility.  He began by stating, "No education plan can replace a parent who is involved in their child's education from day one."  It seems to me that we don't  always hear about parental responsibility or the vital role which parents play in their child's education; yet this trend seems to be changing.

As a teacher, I know how closely tied student performance is to parent involvement.  Most parent-teacher conferences I have attended on the high school level have involved meeting with parents whom I don't really need to see - their children are doing very well.  On the other hand, I rarely see the parents of the children about whom I have serious concerns - despite several attempts at outreach.  One would be tempted, therefore, to make the generalization that a well functioning child always has an involved parent.  Unfortunately, though, this is not always the case.

I have seen some instances where a child does very well, despite familial circumstances which would hinder most of us from succeeding in school.  By the same token, I have worked with difficult children who have very concerned parents who are equally at a loss to understand their child's behavior.  It is because of these situations that I am always a bit ambiguous about the parental responsibility ordinances which have been enacted across the country.

Parental responsibility ordinances have been in existence since the early 1900's and seem to be revisited in times of need.  They vary from state to state in their attempts to hold parents responsible for their children's actions.  According to the U.S. Department of Justice, such laws are described as follows:

Caught somewhere between prevention and punishment for both children and parents, these laws attempt to involve parents in the lives of their children by holding them civilly and/or criminally liable for their children's actions.

Under these laws, parents can face penalties and even criminal charges for crimes committed by their children as well as for actions which fall under the category of Educational Neglect. Most recently, CNN reported a story about a mother in Georgia who was taken away in handcuffs because she was unable to control the truancy of her children. 

Experts disagree about the effectiveness of such ordinances, yet their existence implies the belief that children's actions are a direct result of poor parenting.  Although this is very often the case, I am not convinced that it is always true. 

At a recent council meeting in Savannah, members presented a Parental Support and Responsibility Ordinance to mixed emotions.  One man at the meeting expressed his concern in the following manner:

“My parents did everything they could and it didn’t matter,” he said, pointing out that if the ordinance had been in place 20 years ago, his parents could have faced charges for a situation that was his fault, not theirs.

Supporters, on the other hand,  pointed out that had such an ordinance been in effect when the man was experiencing trouble, his parents might have received help in dealing with the situation.  Most state and local agencies attempt to provide assistance to parents before proceeding with criminal charges. 

In the case of the mother who was arrested in Georgia, there had been several investigations which resulted in a mandated attendance of parenting classes.  The county had even provided the family with "Thanksgiving dinner" and "Christmas presents."  Despite their outreach, the problems continued and the mother was finally arrested.

Whatever our feelings about parental responsibility laws, the growing attention which they have been receiving implies that we are searching for ways to handle difficulties with the behavior of children.  Although it is tempting to look at misbehavior by young people as a direct result of parenting style, I can't help but wonder if we are overgeneralizing.  Our society tends to look at problems in terms of black and white, yet very often they fall in the areas in-between.