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dmccalip

Junior Member
What is the name of your state (only U.S. law)? Washington

My granddaughter (14) skipped school - went with three friends over to a house to play Guitar Hero. It was a friend's house of one the kids she went with - no one was home. One of the kids got in the cupboards to look for something to eat - one cupboard had 6 bottles of whiskey in it. The kids started drinking the booze.

My granddaughter drank a lot - passed out. The other kids took her outside to try and sober her up. They were in the backyard of the house next door to the one they got the booze from. A 9 year old child came home and found them in the backyard and her and her Mom brought my granddaughter into the house. She threw up on their couch.

A long story short - this is her first offense - she was given diversion. They are wanting us to pay for the booze, the cleaning of the couch and a pro-rated cost for the couch. This comes to about $1,000.

What is our obligation in all of this - we do not have legal custody of her. Do the people where she drank the booze from have any liability since the booze was not locked up where kids could not easily get to it? (This was a teenager's house.) Do the people whose house she threw up on the couch in have any legal stand since they brought her into their house?

Does she qualify for public defense (if needed) since she is on a Tanif Grant?

Someone told me we should get her some kind of legal counsel. So, just curious.

Thank you.
 


outonbail

Senior Member
What is the name of your state (only U.S. law)? Washington

My granddaughter (14) skipped school - went with three friends over to a house to play Guitar Hero. It was a friend's house of one the kids she went with - no one was home. One of the kids got in the cupboards to look for something to eat - one cupboard had 6 bottles of whiskey in it. The kids started drinking the booze.

My granddaughter drank a lot - passed out. The other kids took her outside to try and sober her up. They were in the backyard of the house next door to the one they got the booze from. A 9 year old child came home and found them in the backyard and her and her Mom brought my granddaughter into the house. She threw up on their couch.

A long story short - this is her first offense - she was given diversion. They are wanting us to pay for the booze, the cleaning of the couch and a pro-rated cost for the couch. This comes to about $1,000.

What is our obligation in all of this - we do not have legal custody of her. Do the people where she drank the booze from have any liability since the booze was not locked up where kids could not easily get to it? (This was a teenager's house.)
How do you know the booze wasn't locked up or that these kids didn't have to go out of their way to get to it?
Do the people whose house she threw up on the couch in have any legal stand since they brought her into their house?
Your asking if the concerned people who voluntarily helped your granddaughter, when she desperately needed it, possibly even saving her life, should suffer the expense of the damages she caused when they were helping her? You want to know if you can legally avoid paying for these damages, because they could have just minded their own business, left her there, drowning in her own vomit and avoided the mess, the stench and damage your granddaughter made in their home?

Do you think that somewhere in this whole ordeal, your granddaughter should take maybe just a wee little bit of responsibility, for ditching school and drinking to excess?
Does she qualify for public defense (if needed) since she is on a Tanif Grant?
I thought you posted that she was given diversion, so what does she now need a public defender for? If it is to defend her from a civil action, the answer is no.
Someone told me we should get her some kind of legal counsel. So, just curious.

Thank you.
You might even get her some kind of substance abuse counseling!

Just saying,,,,,
 

dmccalip

Junior Member
Thank you for your response. I was asking as a concerned relative said I should seek counsel for her.

I always wonder why when asking anything in these forums that you sometimes get such rude responses.

I must say your response was one of the nicest. Thank you.
 

CdwJava

Senior Member
My granddaughter (14) skipped school - went with three friends over to a house to play Guitar Hero. It was a friend's house of one the kids she went with - no one was home. One of the kids got in the cupboards to look for something to eat - one cupboard had 6 bottles of whiskey in it. The kids started drinking the booze.
The kids made a conscious decision here.

A long story short - this is her first offense - she was given diversion. They are wanting us to pay for the booze, the cleaning of the couch and a pro-rated cost for the couch. This comes to about $1,000.
Her guardians can refuse to pay and everyone can go to small claims court ... but, I have to say that the judge is likely to side with the parents whose property was ruined by the vomiting and inebriated child.

What is our obligation in all of this - we do not have legal custody of her.
Then you have no legal obligation - her parents or other legal guardian does.

Do the people where she drank the booze from have any liability since the booze was not locked up where kids could not easily get to it?
Unless Washington state makes this a legal requirement, I'd have to say, "no". Unless it can be shown that the parents of the other miscreant youth acted recklessly and failed to exercise reasonable care over their own child, thus permitting this to occur, I'd say that little to no real liability is going to lay with the homeowner.

Do the people whose house she threw up on the couch in have any legal stand since they brought her into their house?
Sure. They rendered aid and suffered damages. Plus, the kids were trespassing in their backyard ... do you really want that crime to be added to the mix? But, as I said, her guardians can refuse to pay and they can all go to small claims court (which may cost even more than the original amount).

Does she qualify for public defense (if needed) since she is on a Tanif Grant?
By itself, no. Do her legal guardians have the resources or assets to pay for an attorney? (And it is TANF ... though it is often pronounced 'TAN-if' ... Temporary Assistance for Needy Families.) If they do no have the resources to engage an attorney, the court can appoint one.

Someone told me we should get her some kind of legal counsel. So, just curious.
She should have legal counsel if she has been charged with a crime, yes.


- Carl
 

dmccalip

Junior Member
Wow, Carl,

Thank you so very much. I really appreciate your response to my questions. You were direct and answered the questions in a very nice way.

Your the bomb.

;)
 

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