When Your Child Breaks the Law

This past week, there have been some disturbing headlines in the news about teenagers engaging in behaviour that resulted in the death of a York region police officer.  These are stories that conjure up every parent's worst nightmare, as well as a lot of finger pointing and blame.  No doubt, having a son or daughter who commits a serious crime is not what any parent anticipates when raising a child, and it is heartbreaking for all concerned when not only an innocent life is lost, but a young person's future is derailed by such a serious incident.

Though not all offenses have such tragic consequences as the one that occurred this week, many parents eventually face a situation in which their child has a run in with the legal system.  Teenagers are especially prone to making bad decisions, some of which result in terrible outcomes.  As Dr. Peter Jaffe has explained, research shows that teenagers are much less capable than adults of anticipating consequences and controlling impulsive behaviour, due to the lack of maturation in the brain.  This seems to be especially true for boys, and explains why they are more frequently involved in these situations than girls.

We have a tendency to want to have a logical reason for why things happen, and in the case of kids in trouble with the law, we often assume that bad parenting is to blame.  While this is no doubt a factor in some situations, I have known some outstanding parents whose children nonetheless ran afoul of the legal system.  Many factors, including mental illness, poverty, racism, and so on can contribute to brushes with police.

The Youth Criminal Justice Act is the federal law that governs cases where a minor is involved - that is, a person under 18 years of age.  The YCJA pertains to criminal offenses, such as assault, drug infractions, etc., committed by kids from the ages of 12 to 17; children under the age of 12 are not considered criminally responsible for their actions.  Provincial laws cover other offenses, such as drinking under age, careless driving, trespassing, etc.   

It is important for parents whose children are involved in the legal system to know their child's rights and what to expect.  A very good resource can be found online through Justice for Children and Youth (www.jfcy.org).  This website outlines the Youth Criminal Justice Act, and provides information on police powers, records, fingerprinting and DNA, finding a lawyer, what to expect in court, aboriginal youth, sentencing and appeals.  More information, including secure custody facilities for youth, can be found on the Ministry of Children and Youth Services website at   http://www.children.gov.on.ca/htdocs/English/topics/youthandthelaw/about.aspx. 

Should your child become involved in the legal system, it is important to have this information and to be as informed and educated as possible on these matters.  Whatever the situation, as parents our job is to help our kids and hopefully, to guide them onto a better path.