Restitution Orders for Minors – When, How, and What Amount Are Minors and Their Families Held Liable

If a minor commits a crime, the court may order them to pay restitution to compensate the victim. This can be a tricky issue though, as minors often don’t have an income or assets to pay large restitution amounts. So when, how, and for what amount can minors and their families be held liable for restitution? Let’s break it down.

The Purpose of Restitution

The main goal of restitution is to make the victim “whole again” by compensating them for any losses from the crime [5]. For example, if a minor vandalizes someone’s property, the restitution could cover the cost of repairs or replacement. Restitution also aims to teach accountability by requiring the offender to directly remedy the harm they caused [4].

However, there are concerns that restitution doesn’t actually teach accountability to minors, since often the parents end up paying, not the minor themselves [5]. More on this debate later.

When Can Restitution Be Ordered?

A minor can be ordered to pay restitution if they are found guilty in juvenile court of committing a delinquent act that resulted in economic loss or injury to the victim [2]. The court has broad discretion in deciding whether to order restitution.

Restitution is usually ordered as part of a disposition (sentencing) order after the minor is adjudicated delinquent. However, it can also be ordered earlier as a condition of probation or a diversion program [3].

Factors Considered in Restitution Orders

In deciding whether to order restitution and how much, the court will consider:

• The minor’s age
• The minor’s earning ability
• The minor’s financial resources
• The number of victims
• The amount of victims’ losses
• Whether the victims’ losses are covered by insurance or another source

The minor’s ability to pay is a key factor, as the court does not want to set up the minor for failure by imposing an unrealistic amount. But the court also wants the victim to be fairly compensated [3].

How Restitution Payment Plans Work

Rather than ordering a lump sum, courts usually set up a payment plan, with incremental payments over time. This makes restitution more feasible for minors to pay off.

The court will specify the time period for repayment, such as 6 months or 1 year. The court can extend the time period if needed. The payments are made to the clerk of court, who disburses them to the victim [1].

If the minor fails to make the payments, the court can impose sanctions like community service. But jailing minors for failure to pay is unconstitutional [5].

Restitution Amounts

There are no hard limits on restitution amounts in juvenile cases. The court has wide discretion to order restitution covering the full amount of the victim’s economic loss [6].

Still, courts do aim to set realistic amounts the minor can repay. Courts will consider the factors mentioned above regarding ability to pay. For example, a court is unlikely to order a 14-year-old with no income to pay $10,000 in restitution.

If multiple offenders contributed to the loss, the court may divide up liability for restitution between them. For example, if 5 minors vandalized property together, they may each be ordered to pay only 20% of the damages [4].

Restitution Liability for Parents

Since minors rarely have substantial income or assets, parents often end up footing the restitution bill. However, courts cannot order parents to pay restitution unless they are found criminally responsible. This is rare, as parents are not usually charged for their child’s delinquent acts.

Instead, courts can order parents to “contribute” to restitution as part of their duty to participate in their child’s rehabilitation. But the minor remains civilly liable for the full amount. If the parents contribute as ordered, it protects the minor from collections and enforcement actions [3].

Continued Liability After Coming of Age

The minor remains liable for payment of any unpaid restitution after coming of age, even if the court order expires [6]. The former minor can be sued civilly or ordered to pay in criminal court for any outstanding amounts.

Some states even allow unpaid balances to be converted to civil judgments that can be enforced against the adult. So minors should take restitution orders seriously, as they could follow them for years.

Restitution is Controversial in Juvenile Justice

While restitution is commonly used in juvenile cases, there are ongoing debates about its effectiveness and fairness:

Criticisms of Restitution

• Minors often lack the means to pay large restitution judgments, so the obligation falls on parents
• Restitution ordered solely for rehabilitation purposes exceeds the court’s authority
• Payment plans create ongoing involvement in the juvenile justice system
• Failure to pay can result in violations and sanctions, setting up a cycle of failure

Support for Restitution

• Restitution forces minors to directly confront the harm they caused
• It helps victims recover losses from the crime
• Payment plans teach financial responsibility
• It reduces burden on the public to compensate victims

Overall, many argue the cons outweigh the pros for restitution in juvenile cases. But the practice remains widely used despite the concerns [5].

The Importance of Legal Representation

If a minor is facing a restitution order, having an attorney is highly recommended. The attorney can advise on the process and present arguments to limit restitution to a reasonable amount the minor can realistically pay.

An attorney can also negotiate the restitution amount and payment terms, advocate for a fair division of liability, and work to minimize any collections against parents. Don’t let minors navigate restitution orders alone.

The Bottom Line

Restitution serves important purposes but can be challenging for minors. With wise counsel, minors can responsibly make amends without being saddled with unrealistic judgments. In the ideal system, restitution allows minors to learn from mistakes instead of being punished endlessly for youthful errors.