USU home A-Z index calendars MyUSU Contact people/web search
  Search USU
 

Sign up for the Monthly Aggie Update reminder email!
Name
Email


Past Issues

 
Parents, older siblings can be held accountable
for underage drinking - Social Host Liability

As summer kicks into high gear, celebrations of all kinds abound, from graduation shindigs to family parties. And with these gatherings often comes the presence of alcohol.

Be warned, however, that Social Host Liability Laws are being passed throughout the country. These laws hold parents-and, often, older siblings or other legal-aged adults-accountable for hosting underage drinking events.

Safer to Drink at Home?
Two-thirds of teens who drink get their alcohol from parents or other adults, according to the 2003 National Academy of Sciences Report. "Some parents believe that it's safer for their teens to drink at home than to drink anywhere else," according to the U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA). Yet the responsibility can rest squarely on parents' shoulders should something go wrong, as it too often does. For instance, a Pennsylvania parent was sentenced to a 1- to 4 1/2-year prison term for involuntary manslaughter after allowing underage students to drink at a party the parent hosted. Three students died in a drunk-driving accident after the party.

Social host liability laws hold adults who serve or provide alcohol to underage people criminally liable if that minor is killed or injured-or if that minor kills or injures someone else. The laws can also extend to parents who don't take sufficient measures to prevent underage drinking in their homes, even if they're not home when the drinking occurs. Parents can be charged for medical bills and property damage or sued for emotional pain and suffering, depending on how the specific laws are interpreted in your state.
Connecticut just passed a bill that allows misdemeanor charges to be filed against adults who knowingly allow anyone under 21 to possess alcohol on their property. Check out the nuances of your state laws, too, to see how social host liability is interpreted.

Teen Party Ordinances
And keep in mind that many communities also have teen party ordinances that make it illegal to host a party where underage students are drinking. Parents, older siblings and friends can be arrested if they allow underage drinking to occur with their knowledge, even if they didn't necessarily provide the alcohol. No one has to get hurt for these laws to kick in-all it takes is alcohol being present at the party.

Be careful-and informed-before making choices about alcohol and underage students this summer. Providing alcohol, hosting underage drinking events and more can get parents and older siblings in some legal hot water. Yet the human toll, from injury to death, is the most sobering possibility of all.

Sources: The U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration Family Guide at http://family.samhsa.gov/ set/prosecuting.aspx; The Marin Institute Policies to Combat Underage Drinking Parties at http://www.marininstitute.org/alcohol_policy/socialhost_teenparties.htm; PRNewswire, "60 Minutes" Focuses on Parents Hosting Alcohol Parties for Minors, Aug. 19, 2005; On Board Online, Vol. 7. No. 4, Feb. 27, 2006 from the New York State Association of School Attorneys; Conn. Moves to Punish Parents Who Host Teen Drinking Parties, Jointogether.org, April 21, 2006

"These parents may be well intentioned in hosting these parties-thinking no one will get hurt if they provide alcohol to minors only for a 'special occasion' and take the keys-but there is no way the parents can control all the variables. In addition, allowing teens and their friends to drink alcohol at parties is illegal; when adults condone such activities, it sends the message that it's OK to break the law regardless of whether adults are around."
~ Francine Katz, vice president of communications and consumer affairs for Anheuser-Busch Companies, Inc.

Multiple Concerns for Hosts to Consider
One of the major concerns with underage drinking parties is drinking and driving. Parents may feel okay if they take students' car keys. Yet, nothing is completely in their control because, as you well know, students can find access to other vehicles fairly easily.
Plus, drinking and driving is just one concern when it comes to underage drinking and social host liability. Other issues include:

  • sexual assault/rape
  • alcohol poisoning
  • property damage
  • violence

Back to Newsletter Home