CIVIL LIABILITYOPEN HOUSE PARTY: Case law has clearly established that a social host bears liability under the theory of Negligence Per Se when a tortfeasor violates a penal statute designed to protect a class of persons of which the plaintiff is a member. By enacting Fla. Stat. § 856.015 (2012), the legislature imposed a duty on a social host and created a civil cause of action for a statutory violation. Newsome v. Haffner, 710 So. 2d 184( 1st DCA 1998); Trainor v. Hanson, 740 So. 2d 1201 (2nd DCA, 1999). legislature imposed a duty of care to individuals who exert authority, ability to regulate, direct or dominate a residence where a social gathering takes place, if any alcoholic beverages or drugs are possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. §856.015 Fla. Stat. (2012
CIVIL LIABILITY Generally Parent/ Guardian not liable for torts of child unless: Parent entrusts child with instrumentality which because of child’s lack of age, judgment, or experience may become a source of danger to others (car, boat, jet ski, gun, explosives) Where child is acting as a servant or agent of the parent. (employee) Where parent directs or sanctions wrongdoing (intentional tort/crime) Where parent fails to exercise control over the minor child when parent knows or should know that injury to another is possible. Negligence of Willful Misconduct of minor driving a motor vehicle Any person under 18 must have their application signed by parent/guardian Any negligence or misconduct of the minor is imputed to the parent/guardian who signed the application Minor and parent/guardian are jointly and severally liable for injury/damages caused be minor Parent/ guardian is liable for compensatory damages but not for punitive damages If child is driving car in the name of one parent, other parent may be vicariously liable if other parent has authority to exert control over motor vehicle.
CIVIL LIABILITY Intentional torts/ crimes By enacting Fla. Stat. § 856.015 (2012), the legislature imposed a duty and created a civil cause of action for a statutory violation. Newsome v. Haffner, 710 So. 2d 184( 1st DCA 1998); Trainor v. Hanson, 740 So. 2d 1201 (2nd DCA, 1999). Can be sued for damages caused during commission of a act that is prohibited by law Where parent directs or sanctions wrongdoing parent may also liable Where parent fails to exercise control over the minor child when parent knows or should know that injury to another is possible, parent may also be liable.
CIVIL LIABILITY Causes of action for damages to children Minors do not have standing to do the following: ○ Contract (for non-essentials) ○ File law suites ○ Marry (without permission) Parent/ Guardian may file lawsuits on minors’ behalf ○ Any settlement $15,000.00 or above must be approved by court ○ Guardianship must be established ○ Parents can not use minor’s settlement for ordinary expenses commonly attributable to parents/guardians ○ Court requires regular accounting of guardianship funds
TRAFFIC Driving Adult activity calls for adult sanctions regardless of age. Civil and criminal traffic infractions ○ appear on permanent driving record ○ Dealt with in Adult Court Must be enrolled in school to maintain Drivers license if under the age of 18. ○ Dropping out from school prior to age 18 revokes minors driving privileges
JUVENILE DELINQUENCY Overview of the delinquency process Youth is arrested by police Taken to Juvenile Assessment center for processing- most common Youth released to parent or guardian- frequently used for personal use drug offenses Direct Diversion by police- rarely used
JUVENILE DELINQUENCY Youth arrives at Juvenile assessment center - Youth is screened Suicide risk mental health Substance abuse/ urinalysis Photographed by PSCO Youth is scored on Detention Risk assessment instrument to determine: Criteria determined by: ○ Instant offense ○ Prior record ○ Pending charges ○ Runaway status ○ Current legal status (probation, committed, intake) Held in Juvenile Detention Center if scores 12 points Released on home detention 7-11 points Released outright- 6 points or less
JUVENILE DELINQUENCY Advisor hearing Judge determines of probably cause exists to hold youth If score Juvenile detention (21 days mandatory) ○ Counselors may early release home detention- subject to parent’ guardian’s rules Domestic violence charges- even if no score for detention under “tough love” bill Intake - if youth is outright released - scheduled face-to face appointment with Juvenile probation within 20 days for interview - Juvenile probation Interview will determine recommendation to State Attorney’s office Juvenile Probation Recommendations include: 1.non-judicial diversion program 2 Court action (in cases of serious offenses or prior history) a. Court supervised probation b. Department of juvenile justice probation 3. Commitment (determined by seriousness of charges, prior record, consideration for placement in a residential program)
JUVENILE DELINQUENCY Non-judicial Diversion programs Juvenile arbitration Juvenile arbitration STOP program Drug Court COMPASS State Attorney Safe School Program Intensive Delinquency Diversion services Post Detention Coordination Services Home Builder’s Institute/ Project CRAFT Prodigy
JUVENILE DELINQUENCY Judicial plans Youth appears before a Circuit Court Judge Court ordered participation in Juvenile Arbitration Judicial Plan Early Delinquency Intervention and Prevention Program Probation ○ Court supervised ○ Department of Juvenile Justice supervised Commitment
SEALING AND EXPUNCTION JUVENILES Sealing and expunction are available to a minor to the same extent that they are available to adults Although, due to the widely held misconception that the statutorily confidentiality of Florida Juvenile records is tantamount to the sealing of a juvenile record upon the reaching of the age of 18, very few people undertake the sealing or expunction of juvenile records.
MILITARY SERVICE All branches of service asses “moral quality” of potential recruits Several categories of moral offenses preclude enlistment ○ Primarily identified by criminal record No sealed or expunged records ○ Military has access to local and federal databases ○ Applicants must required to disclose any incidents resulting in an arrest or in charges being filed ○ If offense is not disclosed Federal of UCMJ charges for False Statement or Fraudulent Enlistment
MILITARY SERVICE• Disqualifiers requiring waivers : ○ Army 6 or more traffic infractions (speeding tickets) 3 or more minor non-traffic offenses ($100.00 fine) 2 or more misdemeanors 1 felony ○ Air Force 1 or more category 1,2,3 convictions or adverse adjudications 2 or more convictions or adverse adjudications in 36 months 3 or more category 4 convictions or adverse adjudications in a lifetime 6 or more category 5 convictions or adverse adjudications in any 365 day period in the last 36 months