FL H0785

Courts may order both the adjudicated delinquent child and the child's parent or guardian to make restitution for damage or loss caused by the child's offense.

Restitution can be ordered in money (including through a promissory note cosigned by the parent or guardian), in kind, or through a combination, in a reasonable amount based on the ability of the child and parent or guardian to pay.

Courts may establish payment plans for restitution when the child and parent or guardian cannot pay in one lump-sum payment.

Parents or guardians may be absolved of restitution liability if: (1) the child's first delinquency referral and the parent made diligent good faith efforts to prevent delinquent acts, or (2) the victim is the child's parent or guardian and absolves them of liability.

Department of Children and Families, foster parents, and community-based care lead agencies are not considered guardians responsible for restitution for children found to be dependent.

Effective date: July 1, 2013.