Parental Liability - Non-Custodial Parent may be held financially liable for the delinquent acts of a child.

IN THE MATTER OF J.L.M., 100111, 2005 OK 15, ___ P.3d ___, Decided 03/08/2005

In a yet to be released for publication decision, the Oklahoma Supreme Court held that a non-custodial parent may be held financially liable for restitution for the delinquent acts of a child.

The minor child in question broke into a school and vandalized it to the tune of $11,076.00. The child was determined to be a delinquent and both parents were ordered to pay $2,500.00 in restitution pursuant to 10 O.S.2001 §7303-5.3 (A)(8)(c). The child had not lived with his father in almost 14 years and had only seen his father, the non-custodial parent, 4 times in the two years prior to his delinquent act.

The Court found the statute to be ambiguous and, using the rules of statutory construction, determined that restitution could be ordered not only against the custodial parent, but against both parents in an amount up to $2,500.00.

Read the case.