Parents can be held legally liable for their delinquent children

The issue of juvenile delinquency or youth crime has temporarily dropped off the radar but that does not mean the issue has gone away. The issue has been of such concern within the community that the Koutu Nui wrote a letter to the Prime Minister, the Minister of Justice and also to the Police Commissioner asking whether it was possible to prosecute the parents for the actions of their delinquent children and asking for the establishment of Village Courts to deal with the matter.
In the meantime, it has since been discovered there is a law in place in the Cook Islands whereby the court can hold parents legally liable for the actions of their delinquent children.
The relevant legislation is the “Prevention of Juvenile Crime Act 1968,” whereby complaints against children can be considered by the Juvenile Crime Prevention Committee, in the first instance.
Referrals can be made by any constable, community youth officer, school inspector, visiting teacher, head teacher, or chairman of a Village Committee. There must be reason to believe that the said child ‘is delinquent, or neglected or indigent, or not under proper control or is persistently truanting or otherwise engaging in troublesome or mischievous behaviour’.
‘All such inquiries are to be held in private and it is unlawful to publish any report or description of any inquiry or of the names and descriptions of the persons concerned therein’.
The committee can authorize the laying of any information or complaint to the Children’s Court and if so, the court can invoke the duty of parent or guardian to appear before court to be examined in respect of the upbringing and control of the child (section 22), and if they fail to do are ‘liable on conviction to a fine not exceeding $50 if the parent refuses or fails, without lawful excuse, so to appear’.
The Herald interviewed Police Commissioner Maara Tetava for his comments on the legislation and whether or not his officers were aware of the provisions of the Act.
The Commissioner appeared uncertain but on consulting the Cook Islands statutes, confirmed that there is such an Act in place, and that a Juvenile Crimes Prevention Committee has been appointed including Pastor Tevai Matapo as chairman and June Baudinet as the community member. He could not recall the other member, but the Herald notes that the Act provides that the second member be the Superintendent of Police.
The Commissioner is pleased with the initiative of the traditional leaders and would like to see a complete review of the 1968 Act to incorporate traditional input to make it suit the Cook Islands way of life.
For instance, village committees might engender strong family ties with the district and might be more effective in dealing with the young person. If not at that level, then the young person and his family can be referred to the ‘national’ committee. If all else fails, then it is on to the Children’s Court, which as noted above, has powers to hold the parents or guardians liable for the actions of their delinquent children.
The Commissioner said the community approach is already working such as the Titikaveka community which has appointed volunteer wardens and already the crime rate has dropped dramatically. Puaikura has followed suit and has achieved some success but has a way to go and Ngatangiia is considering a similar community approach.
He said it is about instilling a sense of belonging and a sense of pride into young people and that can be achieved in a community approach. He said police work is two fold: the prevention of crime and the detection of crimes committed.

Herald Issue 463 10 June
- World famous activist assisting residents
- Budget will decide if residents prosecute Government over landfill
- Forestry project sucking Mangaia dry
- Budget 2010 – fiasco or disaster?