Teen drinking: New law holds parents responsible Teen drinking: New law holds parents responsible (January 07, 2004)

** Misdemeanor charges possible when parents let minors drink in their home and an alcohol-related car crash results.

By Rebecca Wallace

Almanac Staff Writer

Donna Lera, a substance abuse counselor at Peninsula schools, was becoming increasingly disturbed by stories about teens drinking in their parents' homes -- with their parents' knowledge.

There should be a law addressing this problem, she thought. Now there is.

The law, authored by Assemblyman Joe Simitian, D-Palo Alto, was one of the many pieces of legislation taking effect in California on January 1. It allows parents or legal guardians to be charged with a misdemeanor crime if they knowingly let a person under 18 -- their child, or someone with their child, or both -- drink alcohol or take drugs in their home, and that consumption leads to a car accident.

Punishment could be up to a year in jail and a $1,000 fine.

The idea for Assembly Bill 1301 came directly from Ms. Lera, who currently works at Menlo School in Atherton. Each year, Mr. Simitian holds a "There Oughta Be a Law" contest, seeking proposals for new laws from residents of his district, which covers parts of San Mateo, Santa Clara and Santa Cruz counties. Ms. Lera's proposal piqued his interest.

Studying the issue, he learned that existing law allowed criminal charges only for parents who supply the alcohol, not those who simply condone the drinking in their home.

"The goals here really were two: to make parents think twice, and to give them a tool to say no to their kids," Mr. Simitian told the Almanac. "I talked to parents as the bill was making its way through the legislative process, and they said kids were telling them, 'Oh, Mom, everyone does it.' Now parents could say, 'It's not just you I have to worry about.' "

The older law that prohibits supplying alcohol applies when parents serve to people under the legal drinking age of 21. In contrast, the new law against knowingly allowing the drinking applies only when those under 18 are involved; people who are no longer minors are not deemed to be under parental control, Mr. Simitian explained.

The bill, which was signed into law in September, garnered support from law enforcement officials and Mothers Against Drunk Driving, he said.

Judy Hess, co-president of the Parent-Teacher Association at Menlo-Atherton High School, said her PTA hadn't taken a position on the law but that she supported it. The problem of parents hosting parties or simply turning a knowing but blind eye to teen drinking in their homes persists, she said.

"Parents are saying, 'It's OK: it's in my home, it's controlled.' But you're giving your kids permission," she said. "I don't think it's OK."

Ms. Hess said she believes the potential misdemeanor punishments for parents are appropriate. "They're allowing minors to do something illegal," she said of parents.

Another law from a past "There Oughta Be a Law" contest also took effect January 1. It requires antifreeze to include a bitter-tasting ingredient -- an effort to repel children and animals who might be poisoned by drinking it, Mr. Simitian said.

Regarding the legislation on teen drinking, Ms. Lera said she was thrilled to have her idea become law.

"If it changes even one person's decision on allowing their kid to drink, it's successful," she said. "It's great as a common citizen to have an opportunity like this."

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