Money Matters Debate Case Template: (Group Recorder -10 Points Copy This Template Now and Save in Portal and “S” Drive by Group Number and Group Leader Name). Thanks! Mrs. H. Group Number____ Group Leader: Group Recorder: Group Member Group Member Group Member Date: Period: It seems parents have more responsibilities than rights when it comes to their minor children. According to the law, parents are obligated to provide their minor children with all of the necessities (necessaries) of life. However, parents have the legal right to the money their children earn. Let’s explore the law and the rights and responsibilities of parents and children. What do you think? Be Creative! Use legal principles in your analysis and opinions. Use Examples and Pictures! 1. Why do parents have the legal right to the money their children earn? Use Legal Principle A B C or D: Explain Give Examples & Pictures Here! 2. Do you think it fair? Why or why not support your opinion. Use Legal Principle A B C or D: Explain Give Examples & Pictures Here! 3. Should special conditions exist for children with special talents (sports or entertainers)? Why or why not explain Use Legal Principle A B C or D: Explain Give Examples & Pictures Here! 4. What special conditions hold parents responsible for the damages children cause? List them. Is this fair? Why or why not explain. Use Legal Principle A B C or D: Explain Give Examples & Pictures Here! Groups will discuss and debate issues for 20 minutes and record their analysis on the Debate Case’s Template this sheet and save it with their GROUP NUMBER AND GROUP LEADER NAME. Each student MUST COMPLETE ORANGE PRESENTATION SHEET FOR QUESTION THEY WILL ANSWER DURING PRESENTATION AND GIVE THIS TO INSTRUCTOR BEFORE PRESENTING! Students are encouraged to access the CA Bar Association Site on http://calbar.ca.gov/calbar/html_unclassified/4kids-19.htm Parents Rights and Responsibilities provided in the Debates folder on the “S” drive available to each student. Legal Principles from CA Constitution Regarding Rights and Responsibilities of Parents and Children A. Parents have a constitutional obligation to provide necessaries for children and parents have a right to utilize children’s earnings to provide necessaries or chose to save earnings for children’s future use. B. Children have a right to specialized earnings, inheritances, gifts, and injury awards that are set aside as children’s separate earnings. C. Parents have the responsibility of supervision and control of the children’s behavior. Parents may be fined in the event of destruction of property, injury to others, stealing, truancy and curfew administrative fees and fines. D. Children are expected to provide cooperation and obedience and not refuse to obey the reasonable requests of his parents, run away from home, refuse to go to school, or disregard outside parental control. Groups will discuss and solve debate issues for 20 minutes and record their analysis with the legal principle. The instructor will assist each group and observe and give suggestions to facilitate the group’s evaluation of the cases correctly without giving the solutions to the group. Students are encouraged to access the CA Bar Association Site on http://calbar.ca.gov/calbar/html_unclassified/4kids-19.htm Parents Rights and Responsibilities. Each group recorder will present their evaluations and solutions to the debate issues and answer questions from the other groups as to the legal principles involved parents' rights and responsibilities It seems as though parents have more responsibilities than anything else. Nevertheless, parents do have some very important rights: 1. Custody and control: Parents must make important decisions about their children's lives. For example, where the children will live, who they will live with, what they will do from day to day, what school they will attend, when medical care might be appropriate, and what, if any, religion their children will practice. These rights are constitutionally protected and generally cannot be taken from parents unless it can be shown that the parents are unfit. 2. Cooperation and obedience: Parents are expected to control their children, and are permitted to discipline them, but must not abuse or neglect them. Sometimes a child refuses to obey the reasonable requests of his parents, runs away from home, refuses to go to school, or is outside parental control. In an extreme situation, parents may go to court and seek to give up legal responsibility for the child. On the other hand, if parents fail to adequately control a child, a court may determine that the child is in need of supervision and declare him a ward of the court. When this occurs, the court sometimes takes custody of the child and responsibility for the child's basic needs and education. (See Kids in Need of Supervision.) Children are not required to obey parental orders to do something dangerous or illegal. Parents who allow or encourage children to commit dangerous or illegal acts may be charged with contributing to the delinquency of a minor, p1 child abuse p2 or neglect. p3 3. Earnings: Although most parents allow their child to keep money he or she has earned, parents do have a legal right to these wages. p4 There are, however, some exceptions to this rule. A child's earnings may not be available to parents when: the parents have exploited, neglected, or abandoned the child and the child has brought suit to be freed from parental dominion; p5 the child's income is the result of his special talent or athletic ability (the child star or athlete); p6 or the child's income is the result of a gift or inheritance. p7 4. Recovery for death or injury: If a child is killed or injured, parents are entitled to bring a lawsuit to recover costs such as medical or funeral expenses from the person responsible. p8 Parental Responsibilities The most important responsibility of parents is to support their children. Parents are legally obligated to provide their children with all of the necessities of life. p9 Necessities are not limited to food, clothing, and shelter, but also include medical care. Parents are expected to support their children according to their ability and their station in life, meaning the children should share in the standard of living of both parents. p10 This responsibility falls equally upon both parents and also applies to children that the parent has adopted. p11 Failure to provide adequate food, clothing, shelter, or parental care and supervision may lead to criminal prosecution for neglect. p12 If the county is required to support a child, the county is entitled to assignment rights to seek reimbursement from parents who are capable, but have refused, to provide support. p13 Parents are also required to reimburse the county for the costs of support incurred for detention of a child under a juvenile court order. p14 Parents must also pay back the county for the cost of legal services provided to minors in juvenile court proceedings. p15 The duty to provide support to children lasts until the child reaches the age of majority, which is usually 18, or 19, if she is still enrolled in high school full-time. p16 (See Emancipation for exceptions.) The failure of parents to marry does not affect the responsibility to support their children. p17 If parents are unmarried, or divorce, and cannot agree upon how much each should contribute toward the support of their children, the courts may be called upon to decide. One parent, or the child by a guardian ad litem, may bring an action against the parent to enforce the duty to pay child support. p18 Alternatively, the county may proceed on behalf of a child to enforce the child's right of support against a parent who fails to provide support. p19 A court may order one parent to make specified payments to the other for child support. p20 The court's authority to order a parent to pay child support or to enforce such an award includes the following: a writ of execution or levyp21, a wage garnishment p22, civil contempt proceedings p23 or criminal prosecution. p24 Note: A stepchild (a child from a prior marriage) is generally not entitled to support from a stepparent. p25 Birth parents remain primarily responsible for child support unless the child has been adopted by the stepparent. p26 If, however, a stepparent, or other person, provides necessary support to a child in good faith, where the custodial parent neglects to do so, that person may recover the reasonable value of those necessaries from the custodial parent. p27 However, voluntary support paid out for a child is not required to be reimbursed by the natural parents, stepchild or the state, absent a specific agreement. p28 Supervision and Control of Children Parents are morally responsible for exercising proper supervision and control over their children. However, generally, parents are not legally responsible for the acts of their children. p29 There are certain exceptions. For example, parents who encourage their children to break the law may be found guilty of contributing to the delinquency of a minor. Also, parents who know or should know that their child engages in improper conduct or who aid or encourage the conduct may be held liable for the acts of their children. Additionally, there are specific statutes that hold parents liable for certain harm caused by their children. These include: Injuries from guns: Parents may be required to pay victims up to $60,000. p30 Willful misconduct: If the child causes injury or death to another, parents may be liable for medical, dental and hospital expenses, up to $25,000. p31 Destruction of property: Parents are liable for sums children cannot pay, up to $50,000. p32 Graffiti: Parents may be liable for the costs of removal, repair, and/or replacement of property, as well as responsibility to keep the property free from graffiti for up to one year. p33 Injuries from tear gas: Parents who have signed a minor's consent form to obtain tear gas may be liable for the child's negligent or wrongful acts or ommisions.p34 Fines for truancy: Parents may be required to pay fines up to $100. p35 back Injuries on school grounds; Damage to school property; Failure to return borrowed school property: Parents will be liable for up to $10,000, and up to $10,000 for any reward. The school may withhold grades, diplomas or transcripts until these amounts are paid. p36 Shoplifting: If a child steals from a store or library, the parents may be responsible for up to $500. p37 Curfew violations: Parents must pay the actual administrative and transportation costs incurred by the police for picking up and returning children to their homes upon a second violation. p38 | home page | top | table of contents | next © 1996, 2000, 2001, 2002 The State Bar of California All rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted in any medium without prior written permission. Permission is hereby granted to reproduce this work for educational use only.