Money to burn: Parents could pay costs

Mail Tribune (Medford, OR — Wayback)

2002-02-23

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Money to burn: Parents could pay costs Fires started by children fall under Oregon law By JILL BRISKEY Kids who start wildfires in Oregon aren't just playing with fire - they're also playing with a parent's bank account. Under a 10-year-old Oregon law, parents can be held liable and forced to pay either a portion of or the entire cost of suppressing a fire ignited by their child. The amount depends on the circumstances surrounding the juvenile's actions, according to Legal Services Coordinator Peter Novkeveck, of the Oregon Department of Forestry in Salem. The law could penalize the parents of two local boys who allegedly admitted Monday to igniting a blaze one mile south of Applegate. The fire, which was reportedly started with a lighter or matches, burned about eight acres of private land and did not destroy any structures or cause any injuries, said ODF district forester Jeff Schwanke. The blaze was contained early Tuesday morning, and crews are expected to spend the next three to four days mopping up. Early suppression costs - which included an air tanker and helicopter used to drop water and retardant on the flames - were estimated at $40,000. ODF will investigate the incident, but Schwanke said he doesn't believe the boys deliberately started the fire. The minors were not lodged in the juvenile facility following the incident, and no charges have been filed. "There appears to be no intent. It was just two kids playing," he said. "The parents can be or may be held liable for the costs, but it's not a done deal." Novkeveck said Oregon's law affects children under the age of 18. It does not include foster children, emancipated minors or youths who have filed for emancipation. If a child is found guilty of starting a wildfire following an ODF investigation, Novkeveck said, parents can be ordered to pay up to $5,000. If fire or police officials rule that a minor willfully or recklessly started either a structure fire or wildfire, Novkeveck said, parents could be forced to pay $75,000. "The intent behind the action dictates a higher liability," he added. Another Oregon law states that if a child is carrying out the wishes of a parent - such as burning materials or playing with fireworks while unsupervised but with a guardian's permission - the parents can be held completely liable for all costs. The laws were enacted to educate children and parents and prevent fires, Novkeveck said, not to punish families or to generate cash. That's why there's a cap on the figures, he added. "The laws themselves are really a mechanism to hold the parents responsible and accountable," he said. "We're very tuned into working with families. (The laws) are not meant to be harsh. They're meant to be helpful." Schwanke said "only a couple" of Rogue Valley parents have been forced to pay for their children's actions under Oregon law in the last seven years. "It's not a very common occurrence," Schwanke added. Novkeveck said statewide, ODF investigates approximately 1,200 fires every year. About 200 of those cases involve liability action. Approximately 12 of the 200 liability cases involve juveniles, he added. Children found guilty of igniting fires are evaluated by professionals and often receive treatment or counseling, Novkeveck said. In Jackson County, children are referred to the juvenile fire-setter program, which has four different levels of classes grouped by age. Children as young as 2 are accepted. Youths are either referred by a parent or because of a fire-related law violation. "We consider juveniles who get involved with fire a very serious matter. In many cases, it's a cry for help," Novkeveck said. "From that experience, there can be a better future for the family and juvenile involved." Reach reporter Jill Briskey at 776-4485, or e-mail [email protected]     Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.