TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 2

WASTE AND WILFUL TRESPASS ON REAL PROPERTY

6-210.  Recovery of damages for economic loss willfully caused by a minor. (1) Any person shall be entitled to recover damages in an amount not to exceed two thousand five hundred dollars ($2,500) in a court of competent jurisdiction from the parents of any minor, under the age of eighteen (18) years, living with the parents, who shall willfully cause economic loss to such person, except as otherwise provided in section 49-310, Idaho Code. "Person" means any municipal corporation, county, city school district, or any individual, partnership, corporation or association, or any religious organization, whether incorporated or unincorporated.

(2)  Economic loss shall include but not be limited to the value of property, as that term is defined in section 18-2402(8), Idaho Code, taken, destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket losses or expenses such as medical expenses resulting from the minor’s willful conduct, but shall not include less tangible damage such as pain and suffering, wrongful death or emotional distress.

(3)  As used in this section, "parents" shall mean any persons or entities who have legal custody of the minor, or any persons or entities who are licensed to accept children for child care under chapter 12, title 39, Idaho Code. "Legal custody" shall be as that term is defined in section 16-2002, Idaho Code.

(4)  In the event the parents are providing foster care for the minor at the time of the minor’s willful act, and the parents are licensed pursuant to chapter 12, title 39, Idaho Code, and the minor is in the legal custody of the department of health and welfare, any person is entitled to recover damages in a court of competent jurisdiction within the above stated limits. Such recovery shall be insured by the state of Idaho.

History:

[6-210, added 1957, ch. 32, sec. 1, p. 51; am. 1977, ch. 55, sec. 1, p. 106; am. 1987, ch. 257, sec. 1, p. 522; am. 1990, ch. 81, sec. 1, p. 163; am. 1991, ch. 168, sec. 1, p. 408; am. 2005, ch. 391, sec. 1, p. 1263; am. 2020, ch. 82, sec. 1, p. 175.]