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Minor Caught Shoplifting and Release of Minor to a Nonparent

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  • 09-27-2012, 09:23 AM
    onehappyday99
    Minor Caught Shoplifting and Release of Minor to a Nonparent
    My question involves criminal law for the state of: NJ
    My son was caught shoplifting a pair of sunglasses at Six Flags, in NJ. He was brought to a room and asked to sign papers and had his picture taken. He is 14 years old. I do not in any way shape or form accept this and if my son wants to continue walking, this will never happen again. I have since put him in a 6 hour community service program to make him understand what he did was wrong. This has never happen with my son, bad choice (showing off in front of "so called friends") and he knew he'd be in huge trouble at home for this. Here is my problem. He gave a number to the LP dept of a person who was at park and this person went and picked my son up from the LP dept. (This person was not the adult I sent him with) LP dept never asked this person for ID or to sign for him. My son had the LP dept talk to this "friend" and gave permission to release him to the "friend". I had no idea any of this happen, until I rec'd a letter from a "collection" lawyers office. I called Six Flags to question how in the world my son was apprehended and I was not informed as the parent. He said he talked to me, I said, No you didnt. How do you have any proof the person with whom you spoke to or released my child to was a legal guardian or parent? According to policy of Great Adventure, the minor is to be released to a parent or legal guardian. Obvisoulsy this didnt happen. I'm not in any way saying what my son did is excusable, but I have a problem with this. This could have went horribly wrong with my child being realeased to someone "other" than who he went to the park with.
    Thoughts please. This is embarrassing new to me!
  • 09-27-2012, 09:32 AM
    cbg
    Re: with Minor Caught Shoplifting and Release of Minor
    You can't sue for something that didn't happen. Just because something MIGHT have gone wrong, it didn't. No damages, no cause to sue.
  • 09-27-2012, 09:39 AM
    flyingron
    Re: with Minor Caught Shoplifting and Release of Minor
    I'm not sure what you are after. Six Flags is not a baby sitter for your kids. Even if he hadn't been committing burglary, it's not their job to determine who he leaves the park with. Certainly any internal policies they may have is not really binding. And regard this, Six Flags GA there in New Jersey has some really SHARK lawyers. You won't win. They managed to wrangle out of responsibility for actually KILLING kids there, let alone failing to supervise them leaving the park.
  • 09-27-2012, 10:02 AM
    llworking
    Re: with Minor Caught Shoplifting and Release of Minor
    Quote:

    Quoting flyingron
    View Post
    I'm not sure what you are after. Six Flags is not a baby sitter for your kids. Even if he hadn't been committing burglary, it's not their job to determine who he leaves the park with. Certainly any internal policies they may have is not really binding. And regard this, Six Flags GA there in New Jersey has some really SHARK lawyers. You won't win. They managed to wrangle out of responsibility for actually KILLING kids there, let alone failing to supervise them leaving the park.

    I don't see this as having any relationship to supervising a child leaving the park. Park security had taken the child into custody, and was releasing the child from custody, so that is just a little different.
  • 09-27-2012, 10:10 AM
    PandorasBox
    Re: with Minor Caught Shoplifting and Release of Minor
    I am guessing you did not go to the park with your son, but let him go with friends and an adult chaperone? Seems Jr knew this person was at the park, lied to LP (my mom sent me with him), and they released him to that persons custody.

    As to the person they released him to....he or YOUR SON should have told you about the bust.

    You do need to pay the Civil Demand letter. If not, the amount will increase....and eventually you, the parent, will be taken to Civil Court, and the amount will be much higher. If not paid...it will be a mark on your credit rating.

    I sincerely hope you have given him more than 6 hours community service. Like taking away privileges,
    and a lot of chores. Because that Civil Demand from the lawyer is likely pretty pricey.
  • 09-27-2012, 10:43 AM
    onehappyday99
    Re: with Minor Caught Shoplifting and Release of Minor
    Yes, PandorasBox, he was with friends and an adult chaperone. Yes, he did lie and this is a situation he will never put himself in again.
    I have finally talked to LP Great Adventure and the charges are being recinded.
    I in no way condone this behavior and more was done than the 6 hours police community service.
    Taking away privileges and/or punishment is a given in this action he choose to do.
    My problem was as a parent, GA took my child into custody and released him to anyone. Regardless, if they pulled a fast one over on LP or not. GA LP needs to have the person picking up this minor out of their custody show some sort of ID.
    @llworking, I don't care what they do in GA, I'm talking about NJ.
    @flyron, what I'm after is to have GA have a policy that ensures them the parent/legal guardian is in fact aware and has proof who they released a minor to. Like show id/sign, something....I'm not a lawyer but there has to be a way to prove to me a parent, you talked to me and you released them to an me, leagal guardian or someone I said was ok to release too.
    We see these situations go horribly wrong all the time.
    I wasnt looking to "get out" of anything, I did pay the fine.
    I was mearing asking how can you release a minor to just anyone???
    Also,
    I have just been informed by GA, the case will be recinded by LP and the "collection" lawyer agency will refund my payment.
    Thank you all though for your input.
  • 09-27-2012, 10:51 AM
    Dogmatique
    Re: with Minor Caught Shoplifting and Release of Minor
    In other words, your kid gets off because you don't like the fact he wasn't released to his legal guardian.
  • 09-27-2012, 10:57 AM
    onehappyday99
    Re: Minor Caught Shoplifting and Release of Minor
    In other words, GA will put in place some more strick release options in allowing a minor to released to just anyone!
    And for the record, my ck has been cashed for this fine and the chances of me seeing a refund are probably zero.

    - - - Updated - - -

    and nobody is answering my question.
    How can a minor be released to someone other than parent/legal guardian without proof of who you are?
  • 09-27-2012, 11:10 AM
    cbg
    Re: Minor Caught Shoplifting and Release of Minor
    Because there isn't a law that says otherwise.
  • 09-27-2012, 11:24 AM
    onehappyday99
    Re: Minor Caught Shoplifting and Release of Minor
    Well I can see this (non law) changing one day.
    One time a minor is going to be released to an unknown person and something is going to go horribly wrong.
    Once a minor is taken into another person's or companies possession , it is the responsibilty of that person as to what happens to the minor.
    Releasing him to an unkown person is unacceptable. Not to mention the person my minor was released to was a minor.
    I never complained about paying fine, I complained as to how a minor in GA possesions is released to just anybody!
    And I'd assume GA agreed being that they recinded the complaint.
    Bottom line, this wouldnt be an issue if my minor didnt do something that is not the right thing to do. But maybe it's wake up call for GA to review their polices.
  • 09-27-2012, 11:25 AM
    Dogmatique
    Re: Minor Caught Shoplifting and Release of Minor
    Maybe it's a wake up call for parents to review their kids :)
  • 09-27-2012, 11:28 AM
    onehappyday99
    Re: Minor Caught Shoplifting and Release of Minor
    No duh Dogmatique!!!!
    Hope your never faced with this situation, in your perfect world!
    In any event, remember why you are a senior member on this board.
  • 09-27-2012, 07:19 PM
    Mr. Knowitall
    Re: Minor Caught Shoplifting and Release of Minor
    Quote:

    Quoting onehappyday99
    View Post
    This has never happen with my son, bad choice (showing off in front of "so called friends") and he knew he'd be in huge trouble at home for this.

    Which is why, after being caught stealing, he lied, lied, and lied some more. I understand you have imposed some consequences on junior for lying, but at 14 if you're concerned that he called somebody who might have been dangerous to him you need to take him to task for that as well.
    Quote:

    Quoting onehappyday99
    Here is my problem. He gave a number to the LP dept of a person who was at park and this person went and picked my son up from the LP dept. (This person was not the adult I sent him with)....

    Who was the person who picked up your son? Where was "the adult [you] sent him with" and why wasn't "the adult [you] sent him with" supervising any of the kids?
    Quote:

    Quoting onehappyday99
    I called Six Flags to question how in the world my son was apprehended and I was not informed as the parent. He said he talked to me, I said, No you didnt.

    Odds are, had the park called you that day and the option were made available, you would have said "release him to the adult I sent him with", or if that person was not available, possibly even "release him to the friend he called in. Given a choice, few people will drop everything, head out to an amusement park, and spent several hours dealing with finding and collecting their teenaged child rather than telling the chaperone to bring him home.
    Quote:

    Quoting onehappyday99
    How do you have any proof the person with whom you spoke to or released my child to was a legal guardian or parent? According to policy of Great Adventure, the minor is to be released to a parent or legal guardian.

    If that is their policy, that is not necessarily to your advantage. If that is there policy, odds are it continues "unless the minor is turned over to law enforcement", which is usually the easiest approach when parents haven't accompanied the minor to the park.
    Quote:

    Quoting onehappyday99
    This could have went horribly wrong with my child being realeased to someone "other" than who he went to the park with.

    How immature and irresponsible do you believe your son to be, such that he would lie his way into that kind of trouble rather than risk facing the music for his offense? Whatever the corporate policy, if a fourteen year old has the common sense one would expect from kid of his age he's not going to call somebody who is going to harm him. He's going to call somebody who will help him cover up his offense. And it sounds like that's exactly what your kid did.
    Quote:

    Quoting onehappyday99
    View Post
    We see these situations go horribly wrong all the time.

    We do? Please, then, post a link to one or two stories of this type of situation gone horribly wrong. Thanks.
    Quote:

    Quoting onehappyday99
    View Post
    and nobody is answering my question.
    How can a minor be released to someone other than parent/legal guardian without proof of who you are?

    That has been answered. Because it's not illegal. Just as it was not illegal for you to send your kid to the amusement park for the day without the supervision of a parent or legal guardian.
    Quote:

    Quoting onehappyday99
    View Post
    Releasing him to an unkown person is unacceptable. Not to mention the person my minor was released to was a minor.

    Which brings us back to the question of why the chaperone you approved for this trip was not providing adequate supervision, and why you believe your son would lie his way into danger. And please, this was not an "unknown person" - it was the person your son called, a person you appear know, and a person you probably knew would be going on the trip to the amusement park.
    Quote:

    Quoting onehappyday99
    View Post
    Hope your never faced with this situation, in your perfect world!

    Commenting on what appears to be a lot of misdirected anger does not mean that you believe your own world is perfect.
    Quote:

    Quoting onehappyday99
    In any event, remember why you are a senior member on this board.

    Same as every other senior member - 100 or more posts.
  • 09-27-2012, 07:30 PM
    PandorasBox
    Re: Minor Caught Shoplifting and Release of Minor
    "In any event, remember why you are a senior member on this board.
    Same as every other senior member - 100 or more posts. "

    And knowledge.
  • 09-27-2012, 07:37 PM
    Mr. Knowitall
    Re: Minor Caught Shoplifting and Release of Minor
    Yeah... knowing how to click "reply", type at least ten characters, then "post" 100 or more times. We've seen spammers become "senior members" within an hour of joining.

    I'm not criticizing dogmatique here or detracting from her knowledge - I'm just pointing out what "Senior Member" actually means given the odd statement, "remember why you are a senior member on this board".
  • 09-27-2012, 08:01 PM
    PandorasBox
    Re: Minor Caught Shoplifting and Release of Minor
    I know that.

    Those of us who have been around a while tend to give answers based on knowledge, not number of posts :)
  • 09-28-2012, 04:19 AM
    flyingron
    Re: Minor Caught Shoplifting and Release of Minor
    You still don't understand. Their policy of not releasing the kid except to the parent isn't for the child's benefit or because of any DUTY nor does it establish any duty on their part.
    The policy is entirely for their benefit to make the parent come and identify themselves and realize what their criminal spawn has done. It's entirely for their benefit for going forward with the civil demand and potential civil law suit.

    As pointed out, you don't want to toy with Great Adventure's lawyers. If you do this, you'll need big lawyers of your own. Six Flags is absolutely aggressive in their litigation defenses. They have killed kids there on a number of occasions. The haunted house fire was CLEARLY 100% insane gross negligence on their part, but they managed to buy enough expert witnesses to get off without paying. Fortunately, the State of NJ stepped up and enacted codes on amusement park attractions as a direct result of this fire.
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