Incorrigibility

An incorrigible child is one who consistently balks at his parents’ demands and/or instructions, is habitually truant from school, often runs away from home, violates curfew, and/ or abuses alcohol.  Repeated threats of violence to parents or siblings, as well as destruction to the home or furnishings are also grounds for this charge.  The age limit for “incorrigible child” status varies from state to state, but it generally applies to those under the age of 17. 

These are not children who have broken laws and are considered juvenile delinquents, but children who are deemed uncontrollable by their parents.  Parents may file a petition in juvenile court to have their child classified as “incorrigible” only after they have documented a wide variety of the above-named offenses, including detailing the date and nature of the offenses.  They must also have pursued every resource available, including family counseling, substance-abuse counseling if applicable, or well-documented reasons why such counseling was not possible.

Incorrigibility Penalties                                    

If a child is determined to be “incorrigible,” the judge may order any of a number of penalties. 

Possible Penalties

• Probation
• Community Service
• House arrest, in some cases monitored by an electronic bracelet
• If all else fails, foster care

Incorrigibility Sentencing

Once a parent’s petition to have their child declared “incorrigible” is accepted, the court must appoint legal representation for the child since his parents are petitioning against him.  Parents may also wish to have legal representation, although it is not required.  During the sentencing process, the court will determine what treatment costs, if any, the family will be able and, therefore, required to pay.

Can a Lawyer Help You Determine if You Have an Incorrigible Child?

No one would choose to have an incorrigible child.  However, there are some circumstances in which it is the only reasonable step that can be taken, for the protection of the family and the rehabilitation of the child.  Yet before they go to court, parents must exhaust any available counseling, social service options, and legal advice. 

If all else fails, it may be necessary to pursue court action to have your child declared incorrigible.  The hope is that with the right and help, both you and your child will be reconciled and able to pursue a harmonious and successful relationship.

• If you need help with a Juvenile Criminal charge, Submit Your Case for a Free Review from a local Juvenile Criminal Defense Lawyer.