Section 09.65.255. Liability for acts of minors.

   (a) Except as provided under (d) and (e) of this section, a person, municipal corporation, association, village, school district, or religious or charitable organization, incorporated or unincorporated, may recover damages in a civil action in an amount not to exceed $15,000 and court costs from either parent or both parents of an unemancipated minor under the age of 18 years who, as a result of a knowing or intentional act, destroys real or personal property belonging to the person, municipal corporation, association, village, school district, or religious or charitable organization. However, for purposes of this subsection, recovery in damages shall be apportioned by the court between the parents without regard to legal custody but with due consideration for the actual care and custody of the minor provided by the parents.
   (b) A state agency or its agents, including a person working in or responsible for the operation of a foster, receiving, or detention home, or children's institution, is not liable for the acts of unemancipated minors in its charge or custody. A state agency or an agent of a state agency, including a nonprofit corporation that designates shelters for runaways under AS 47.10.392 - 47.10.399 and employees of or volunteers with that corporation, is not liable for the acts of a minor sheltered in a shelter for runaways, as defined in AS 47.10.399.
   (c) A parent of an unemancipated minor under the age of 18 years who is a runaway or missing minor is not liable under (a) of this section for the acts of the minor that are committed by the minor after a parent of the minor has made a report to a law enforcement agency, as authorized by AS 47.10.141(a), that the minor has run away or is missing. In this subsection, "runaway or missing minor" means a minor who a parent reasonably believes is absent from the minor's residence for the purpose of evading a parent or who is otherwise missing from the minor's usual place of abode without the consent of a parent.
   (d) If a parent has an insurance policy that would compensate a claimant for civil damages described under (a) of this section, and the policy limits are in excess of $15,000, civil damages may be recovered under (a) of this section in an amount not to exceed the policy limits or $25,000, whichever amount is lower.
   (e) Subsection (a) of this section does not authorize the recovery of damages from
        (1) a legal guardian; or
        (2) the adoptive parents of a hard-to-place child if the adoptive parents are receiving, at the time the property is destroyed, financial assistance from the state as a result of the adoption; in this paragraph, "hard-to-place child" has the meaning given in AS 25.23.240.
   (f) If damages are recovered in a civil action as allowed under (a) of this section, the court shall require the unemancipated minor who caused the damages to provide a written report to the court regarding
        (1) financial resources of the minor that are available for purposes of restitution;
        (2) restitution the minor has made to the claimants; and
        (3) what, if anything, the minor has learned from the civil justice process.

Authorities

34.50.020;43.23.065;47.12.300

Notes

Implemented As

7 AAC 53.100

References

7 AAC 53.100
AS 34.50.020
AS 43.23.065 Exemption of and levy on permanent fund dividends.
AS 47.12.300 Court records.

History

(Sec. 1 ch 98 SLA 1957; am Sec. 1 ch 107 SLA 1967; am Sec. 10 ch 33 SLA 1994; am Sec. 1, 2 ch 34 SLA 1995; am Sec. 2 - 4 ch 94 SLA 2003)