211.185. Court may order parents and child to make restitution, when, amount--restitution hearing required, when, procedure--community service--execution of judgment.
Court may order parents and child to make restitution, when,amount--restitution hearing required, when, procedure--communityservice--execution of judgment.
211.185. 1. In addition to the court's authority to issue an orderfor the child to make restitution or reparation for the damage or losscaused by his offense as provided in section 211.181, the court may enter ajudgment of restitution against both the parent and the child pursuant tothe provisions of this section if the court finds that the parent hasfailed to exercise reasonable parental discipline or authority to preventthe damage or loss and the child has:
(1) Stolen, damaged, destroyed, converted, unlawfully obtained, orsubstantially decreased the value of the property of another; or
(2) Inflicted personal injury on another, requiring the injuredperson to incur medical, dental, hospital, funeral, or burial expenses.
2. The court may order both the parent and the child to makerestitution to:
(1) The victim;
(2) Any governmental entity; or
(3) A third-party payor, including an insurer, that has made paymentto the victim to compensate the victim for a property loss or a pecuniaryloss under subdivisions (1) and (2) of subsection 1 of this section.
3. Restitution payments to the victim have priority over restitutionpayments to a third-party payor. If the victim has been compensated forthe victim's loss by a third-party payor, the court may order restitutionpayments to the third-party payor in the amount that the third-party payorcompensated the victim.
4. Payment of restitution to a victim under this section has priorityover payment of restitution to any governmental entity.
5. Considering the age and circumstances of a child, the court mayorder the child to make restitution to the wronged person personally.
6. A restitution hearing to determine the liability of the parent andthe child shall be held not later than thirty days after the dispositionhearing and may be extended by the court for good cause. In therestitution hearing, a written statement or bill for medical, dental,hospital, funeral, or burial expenses shall be prima facie evidence thatthe amount indicated on the written statement or bill represents a fair andreasonable charge for the services or materials provided. The burden ofproving that the amount indicated on the written statement or bill is notfair and reasonable shall be on the person challenging the fairness andreasonableness of the amount.
7. A judgment of restitution against a parent may not be enteredunless the parent has been afforded a reasonable opportunity to be heardand to present appropriate evidence in his behalf. The parent shall beadvised of his right to obtain counsel for representation at the hearing.A hearing under this section may be held as part of an adjudicatory ordisposition hearing for the child.
8. The judgment may be enforced in the same manner as enforcingmonetary judgments.
9. A judgment of restitution ordered pursuant to this section againsta child and his parents shall not be a bar to a proceeding against thechild and his parents pursuant to section 537.045, RSMo, or section 8.150,RSMo, for the balance of the damages not paid pursuant to this section. Inno event, however, may the total restitution paid by the child and hisparents pursuant to this section, section 8.150, RSMo, and section 537.045,RSMo, exceed four thousand dollars.
10. The child may be ordered to work in a court-approved communityservice work site at a rate of compensation not to exceed minimum wage.The number of hours worked shall be reported to the juvenile officer andthe compensation earned for these hours shall be used for the sole purposeof satisfying the judgment entered against the child in accordance withthis section. Upon application by the juvenile officer made with thejuvenile court's written approval, the clerk of the court of the circuitwhere the fund is deposited and where a judgment has been entered inaccordance with this section shall pay the compensation earned by the childto the person in whose favor the judgment has been entered.
11. Notwithstanding any other provision of this section to thecontrary, a judgment of restitution ordered pursuant to this sectionagainst a child may be executed upon after the child attains the age ofeighteen years.
(L. 1989 H.B. 502, et al., A.L. 1990 H.B. 1734, A.L. 1993 S.B. 88, A.L. 1995 H.B. 174, et al.)CROSS REFERENCES:
Defacing of state facilities by minors, penalty, liability, RSMo 8.150
Minor's torts, parent, guardian and minor's liability, work accepted in lieu of payment, RSMo 537.045