Teenagers are by nature rebellious, almost always without a cause. This is quite common, as parents of teenagers readily know. As a teenager, I recall running away from home for a full day, spending the time at a friend’s house down the street and promptly returning when I missed my mother’s cooking.
However, what if a youth’s behavior goes beyond common rebellion to the point of self-destructive behavior the parent(s) or guardian cannot control?
A case example involved a teenager whose parents were involved in an extremely volatile dissolution. My client, the primary parent, had formerly maintained a close relationship with his daughter. However, in all likelihood due to the serious conflicts between the parents, the daughter’s grades seriously deteriorated, she was “hanging out” with her boyfriend for lengthy periods without her parents’ consent, and she was also apparently involved in drug use of some sort.
What is the parent to do at that point? The father is faced with three legal options and one “non-responsive” option.
The non-responsive option is to ignore the situation. However, given the possibility that an unruly youth may commit a tort for which the parent may be found vicariously liable, this course is rife with potential risk.
Parental vicarious liability for injuries caused by a child occurs if the requirements for negligent supervision are met. That is, the parent knows of, or should have known of, the child’s dangerous proclivities and fails to take reasonable steps to avoid injury to the third party. RCW § 4.24.190 also makes parents liable for the intentional torts of their children. Liability is limited to $5,000 unless the plaintiff can meet the test for negligent supervision.
The responsible parent, however, will pursue one of three legal options. The two main legal options are filing for a CHINS (Child in Need of Services) petition or filing an ARY (At Risk Youth) petition. These are covered by different statutes and, though the court procedures are similar in nature, the degree of seriousness of the behavior generally controls the action in which to proceed.
A CHINS petition may be filed by the child, parent or DSHS, and is used to obtain a court order mandating temporary placement of the child in a residence other than the home of his or her parent.
In contrast, only a parent may file an ARY petition. The purpose is to obtain assistance and support from the juvenile court in maintaining the care, custody and control of the child and to assist in the resolution of the family conflict after alternatives to court intervention have been attempted or there is good cause why such alternatives have not been attempted.
Given the above factual circumstances of the case and the close relationship between parent and daughter, plus what appeared to be only temporary misbehavior and the father’s need to restrain his daughter, the client chose to proceed with an ARY petition.
Under RCW § 13.32A.030(2), an at-risk youth is defined as a child under 18:
- who is absent from home for at least 72 consecutive hours without parental consent;
- who is beyond the control of his or her parent such that the child’s behavior endangers the health, safety, or welfare of the child or any other person; or
- who has a substance abuse problem for which there are no pending criminal charges related to the abuse.
Of course, there are various steps in following the ARY process that can only be summarized here. The first step is to contact family reconciliation services, at which time an intake caseworker will prepare a family assessment. Family reconciliation services may offer free in-home counseling to families in crisis to avoid the need to go to court.
Assuming a court procedure is necessary, the parent must file an ARY petition explaining the child’s behavior, how the parent has tried to change the behavior and how the parent would like the court to respond. A fact-finding hearing follows in which a judge or commissioner decides whether the child is an at-risk youth according to RCW § 13.32A.030(2).
The child is appointed an attorney at the hearing. If the child qualifies as an at-risk youth, a court order is issued with requirements for the child and possibly the parent to comply with, and a review hearing set. A case manager is usually assigned to work with the family to help meet those requirements.
The possible orders are numerous. The youth may be required to attend school with no unexcused absences, obtain a drug-and-alcohol evaluation or obtain mental counseling, among other remedies. Similarly, the parent may be ordered to ensure enrollment in school, and enroll in and attend individual and family counseling or parenting classes.
Violations of the court order subject the party to contempt. Coercive sanctions may include, but are not restricted to, serving community service hours, alternatives to secure detention such as work crew or electronic home monitoring, and confinement for up to seven days in juvenile detention. Other remedies are limited to civil sanctions.
In the end, my client seriously considered filing an ARY petition. However, after deep reflection, and with the consent of the child’s mother, he decided the third legal option worked best for him. We agreed to modify the parenting plan and make the mother the primary parent.
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Boaz "Bo" Weintraub, J.D., LL.M., concentrates on representing professionals and business owners or their spouses in complex divorce litigation. He may be reached at 425-451-1202, ext. 3012, or by email at bw@weintraub-law.com.
