Unconsidered Consequences of Home Alcohol Consumption
by Minors - Matthew J. Jalowiec, Esq. - Human Service Committee
“What harm could result?” is often asked when a parent discusses their child consuming alcohol at home with their friends. The justification for allowing it to occur is often “at least I know where they are and what they’re doing.” Unfortunately, the real answer to the former question is rarely expounded on unless something tragic happens. When a parent allows a minor, or minors, to consume alcoholic beverages in their own home, they are running a great risk, not only to the health and safety of their children, but to themselves legally.
Consumption of alcoholic beverages by a minor in the state of Connecticut is against the law and a minor can be punished with a monetary fine ranging between $200.00 to $500.00 (C.G.S. §30-89, et. seq.) per offense. Their parents, if knowingly allowing the minor or minors to possess alcohol, and failing to prevent or stop said possession in their home, for a first offense and, for any subsequent offense, can be fined not more than five hundred dollars or imprisoned not more than one year, or both. (P.A. 06-112). A parent who “sponsors” these parties can actually go to jail! In addition, parents, or adults who provide the alcohol to their children, or allow the minor to consume the alcohol that belongs to the adult, can be arrested and fined not more than one thousand five hundred dollars or imprisoned not more than eighteen months, or both. (C.G.S. §30-86).
The foregoing criminal punishments are only some of the negative ramifications of alcohol consumption by minors in the home. If a child is under the age of eighteen, and drinking in the home with the parents’ knowledge, that parent can also be cited for neglect by the Department of Children and Families. It is also grounds for removal of the minor from the home. If DCF becomes involved due to an alcohol related incident, it is a long and arduous process to demonstrate to the Department that the home is safe for minors and that the cause of the neglect is rectified. If, during that time, the children are removed from the home as a result of the incident, they can be placed with foster care or in certain circumstances even a group home placement.
The criminal ramifications of allowing minors to consume alcohol in the home are not the only negative results that can occur. Civilly, a parent exposes him or herself to great liability, often without any protection. Should a parent allow minors to consume alcohol in the home, and should an accident occur, such as a slip and fall, (the types of incidents that would normally be covered under homeowner’s insurance) most carriers will deny coverage due to the violation of the law. That leaves homeowners personally liable for all damages resulting from the accident. Should a minor slip and fall on a patio by the pool during a party while consuming an alcoholic beverage, and that minor sustains a traumatic brain injury, or even an injury resulting in more than soft tissue damage, the medical costs and permanent damage costs could be staggering. Without insurance coverage, the owner’s house and other assets would likely be subject to litigation.
The magnitude of the scenario only increases exponentially when one envisions minors consuming alcohol at a parent’s home and, while driving home, are involved in a motor vehicle accident. Not only is that minor criminally and civilly negligent, the parent whose home such activities took place will undoubtedly face negligence litigation claims. Again, homeowner’s insurance claims would likely be declined for coverage.
Another all too common occurrence which arises when minors consume alcohol en mass is violence and sexual assault. Should these occur in the home where parental knowledge of the consumption of alcoholic beverages exists and any of the minors are under the age of sixteen, it is foreseeable that a parent could be charged with risk of injury to a minor (C.G.S. §53-21 et. seq.). With respect to allowing such parties to even occur at the home, a parent can be prosecuted for violation of this statute which reads in relevant part:
(a) Any person who (1) willfully or unlawfully causes or permits any child under the age of sixteen years to be placed in such a situation that the life or limb of such child is endangered, the health of such child is likely to be injured or the morals of such child are likely to be impaired, or does any act likely to impair the health or morals of any such child… shall be guilty of a class C felony…”
With this statute, a parent no longer faces the concerns of just a monetary fine, but faces a felony conviction. Such a charge would clearly support the previously addressed actions that the Department of Children and Families would pursue and illustrates that the negative consequences of such activities in the home can clearly “snow ball” beyond control. Wherefore, parents should hold steadfast about their children consuming alcohol both outside, and inside of their home. Underage consumption of alcohol is dangerous for both the traditional health and developmental concerns of minors, as well as the criminal and civil consequences it can have for parents.
Matthew J. Jalowiec, Esq.
The Law Offices of Jalowiec & Zeck, LLC
(203) 734-1100
