N.J. Town Could Put Parents in Jail for Their Kids’ Bad Behavior
A New Jersey ordinance sparks debate on parental liability, raising legal questions about responsibility, due process, and community safety.
Watch the video and read the complete ABC News article, Police Chief Explains Why NJ Town Could Punish Parents for Teens' Misconduct.
According to the article, parents in one New Jersey township could face fines or jail time if their children cause a "public disturbance," based on a new ordinance that went into effect last month.
The Gloucester Township Council adopted the measure on July 28, following a series of incidents that included a major disruption at last year's township festival.
"We've gotten overwhelming support from our community," Gloucester Township Police Chief David Harkins said. "People recognize the need for parental responsibility."
The Ordinance’s Origin Story
The ordinance came after the township's annual community day in June 2024, which Harkins said, "got ruined by unruly juveniles who were being dropped off from out of the area by rideshares."
Attendees were awaiting a drone light show at a local park just before 9:00 p.m. when some 500 young people began causing disruptions, according to media reports.
The disruption continued for two hours and escalated to the point that officers were called in from surrounding town to assist. The police arrested 12 people, including 10 juveniles between ages 13 and 17.
Officers were "being spit on, cursed at, assaulted," Harkins said. "I've never experienced anything like it in 30 years as a police officer – the disrespect, the violent behavior that ruined a family event."
The incident led officials to cancel this year's Gloucester Township Day.
The Ordinance Itself
The ordinance specifies that parents of a minor who's found guilty of a first offense may be "ordered to provide supervision of the minor." A second offense could result in the minor's parent or legal guardian facing a fine of up to $2,000, a jail sentence of up to 90 days, or both.
When asked about concerns from critics who say jailing parents under the new ordinance could potentially separate them from their other children, Harkins emphasized that punishment is not the primary goal.
"We're not looking to put anybody in jail," he said. "This is about warning parents and due process."
Police will provide an information sheet and warnings to parents whose children are taken into custody, Harkins said. The department also offers support services, he said, including a full-time social worker and parenting classes, to assist parents who may have difficulty parenting an unruly child.
"We understand being a parent is a tough job," Harkins said. "We're committed to giving help to those that need it."
No parents have been charged since the ordinance took effect, according to Harkins. He said the goal was to prevent young people from entering the juvenile justice system by ensuring parents stay involved in their children's activities.
"Many times, interviewing the parents, they had no idea who their kids were with or what they were doing," Harkins said. "That's got to change."
Discussion Questions
- Are parents responsible for crimes committed by their children?
Generally, parents are not criminally responsible for the crimes their children commit. This is based on the acknowledgement that children are individuals with personal responsibility (at least to some extent) for their own actions.
There are, however, some exceptions where parents may face legal consequences in specific situations, depending on the laws of the jurisdiction:
(a) Negligence or Failure to Supervise—If a parent is found to be grossly negligent in supervising their child, such as allowing them to commit a crime or failing to prevent dangerous behavior, they might face legal consequences. For example, if a child uses a firearm and the parent did not secure it, they might be held responsible under certain laws.
(b) Criminal Liability for Contributing to a Crime—In some cases, if a parent knowingly encourages or assists their child in committing a crime, they could be charged with aiding and abetting or contributing to the delinquency of a minor.
(c) Parenting Laws—Some jurisdictions have laws that hold parents accountable if their children engage in certain criminal activities. For example, parents might be fined or face other consequences if their child is caught vandalizing property or engaging in truancy.
(d) Parental Responsibility Laws—Some regions have laws where parents can be financially responsible for the damage caused by their child's criminal activity, such as in cases of property damage or theft.
- Read the article included in Teaching Tip 1, entitled “Holding Parents Responsible for Their Kids’ Crimes.” Note that the article focuses on the developing trend to hold parents responsible for gun violence committed by their children. In your reasoned opinion, in terms of parental responsibility for crimes their children commit, should there be a distinction between their children creating a “public disturbance” and engaging in gun violence? Why or why not?
This is an opinion question, so student responses may vary. In your author’s opinion, there is a marked distinction between merely creating a public disturbance and engaging in gun violence. Arguably, the nature of the child’s wrongful action should be seriously considered before deciding whether to hold the parents legally responsible.
- In your reasoned opinion, should parents be responsible for crimes committed by their children? Why or why not?
This is an opinion question, so student responses may vary. In your author’s opinion, such liability should be strictly construed and applied. Your author is the father of two grown children who never caused any trouble while they were growing up, and I was very fortunate in that regard. However, what if they had been incorrigible, despite our family’s best efforts to raise them properly? Parental liability for children’s wrongs should not be based on strict liability; instead, it should be reserved for egregious cases in which the parents’ lack of oversight and attentiveness was shocking (according to a reasonable person standard), and the resulting harm was great. The compelling example that comes to mind is a parent who fails to secure a weapon in their home, knowing or having reason to know that their child has dangerous propensities, and then that child using the weapon to harm others.