Parental Responsibility Laws by State

Reviving the Issue of Parental Responsibility 

In November of 2021, 15-year-old Ethan Crumbley decided to take the lives of 4 fellow students in Oxford High School in Oxford Township, Michigan. Following the events, Michigan charged Crumbley's parents with involuntary manslaughter for their negligent actions proceeding the event. This charge has baffled many law professors and scholars because the likelihood of success seems minimal. In the wake of the Oxford High School shooting, our nation has revisited the issue of parental responsibility for the crimes of their children. This LibGuide introduces the topic of parental responsibility laws and provides readers with sources for further independent study. 

What are Parental Responsibility Laws? 

Parental responsibility laws hold parents legally liable for the actions of their minor children. Though the specifics may vary, every state has enacted some version of these laws. Liability under these laws varies from the intentional acts of minor children to accidents caused by the minors. 

What is the Main Issue with Parental Responsibility Laws?

Proponents and opponents of such laws agree on one main issue--these laws give rise to a question of equity. Most states have decided to enforce these laws because it seems unfair to give an innocent victim the financial burden of property damage or medical expenses resulting from another person's wrongdoing. Similarly, opponents of these laws believe it is unfair to place this burden on parents who were unaware and unassociated with their minor's actions. 

Common Types of Parental Responsibility

 Civil Parental Liability

Parents may face civil lawsuits if their child commits malicious acts or property damage. This type of liability rises under the doctrine of vicarious liability and is often analyzed like an employer-employee relationship. Most of these civil lawsuits are for financial damages. Generally, financial remedies result from the destruction or harm to personal property, such as vandalism to school or government property; hate crimes that destroy property; and defacement of headstones, historical markers, or public monuments. Justification for liability is found under the doctrines of negligent supervision and the "family car" doctrine--a doctrine that holds the car's owner liable for any damages accrued by the car's driving by family members. 

Criminal Parental Liability

Criminal parental liability is similar to civil parental liability but is generally linked to serious acts that lead to a criminal violation. These laws are usually related to delinquency, internet and computer crimes, and firearm access. Typically, to enforce criminal liability, states must have a statute to prevent the specific occurrence. However, if a state does not have a particular law to avoid a particular issue, then the state may default to common law interpretations to impose liability.