(1) The state or any county, city, town, school district, or other political subdivision of the state, or any person, partnership, corporation, association, or religious organization, whether incorporated or unincorporated, is entitled to recover damages in an amount not to exceed three thousand five hundred dollars in a court of competent jurisdiction from the parents of each minor under the age of eighteen years, living with such parents, who maliciously or willfully damages or destroys property, real, personal, or mixed, belonging to the state, or to any such county, city, town, or other political subdivision of the state, or to any such person, partnership, corporation, association, or religious organization or who maliciously or willfully damages or destroys any such property belonging to or used by such school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars, in addition to court costs and reasonable attorney fees.
(2) Any person is entitled to recover damages in an amount not to exceed three thousand five hundred dollars in a court of competent jurisdiction from the parents of each minor under the age of eighteen years, living with such parents, who knowingly causes bodily injury to that person, including bodily injury occurring on property belonging to or used by a school district. The recovery shall be the actual damages in an amount not to exceed three thousand five hundred dollars, in addition to court costs and reasonable attorney fees.
Source: L. 59: p. 376, § 1. CRS 53: § 41-2-7. C.R.S. 1963: § 41-2-7. L. 69: p. 331, § 1. L. 77: Entire section amended, p. 802, § 1, effective July 1. L. 79: Entire section amended, p. 766, § 1, effective July 1. L. 83: Entire section amended, p. 617, § 1, effective April 12; entire section amended, p. 618, § 1, effective July 1. L. 84: (1) amended, p. 1117, § 7, effective June 7.
Cross references: For restitution by delinquent children under the "Colorado Children's Code", see § 19-2-918.
Notes of Decisions
Chacon v. Am. Fam. Mut. Ins. Co., 788 P.2d 748 (Colo. 1990).
· cites it 4× “It then filed suit against the Chacons pursuant to section 13-21-107(1), 6A C.R.S. (1987), which allows a school district to recover damages in an amount not to exceed $3,500 from the parents of a minor under the age of eighteen, living with such parents, who willfully damages…”
People in Interest of JLR, 895 P.2d 1151 (Colo. Ct. App. 1995).
· cites it 9× “It goes on to provide: The court may order the parent, guardian, or legal custodian of the juvenile to make restitution pursuant to the terms and conditions set forth in this subsection (4); except that the liability of the parent, guardian or legal custodian of the juvenile…”
Crum v. Groce, 556 P.2d 1223 (Colo. 1976).
· cites it 8× “Aqcordingly, under section 13-21-107, C.R.S. *187 1973, the trial court held that Randy’s mother was liable for the damages to Crum’s van.”
Nelson v. United States, 256 F. Supp. 3d 1136 (D. Colo. 2017).
· cites it 2× “2d at 1224 (citing Colo. Rev. Stat. § 13-21-107 ). . The United States cites Marquez v.”
Ramos v. Lamm, 539 F. Supp. 730 (D. Colo. 1982).
“§ 13-21-107 Damages for destruction by minors.”
In Re William George T., 599 A.2d 886 (Md. Ct. Spec. App. 1992).
“1 (West 1985) (custody and control); Colo.Rev.Stat. § 13-21-107 (1987) (living with parents); Del.”
People v. Dist. Court for Colorado's Seventeenth Jud. Dist., 731 P.2d 652 (Colo. 1987).
· cites it 6× “en legal custody of a child; (II) Which is providing protective supervision of a child by court order; or (III) To which the child has been referred by the court; (f) To refrain from acts of commission or omission that tend to make a home an improper place for a child; (g) To…”
Chacon Ex Rel. Chacon v. Am. Fam. Mut. Ins. Co., 762 P.2d 732 (Colo. Ct. App. 1988).
· cites it 2× “The school district’s insurance carrier paid the school under its policy and then brought action against the parents under § 13-21-107(1), C.R.S. (1987 Repl.Vol.6A), which allows a school district to recover damages in an amount not to exceed $3,500 from the parents of a minor…”
People v. Dist. Court for 17th Jud. Dist., 731 P.2d 652 (Colo. 1987).
· cites it 6× “en legal custody of a child; (II) Which is providing protective supervision of a child by court order; or (III) To which the child has been referred by the court; (f) To refrain from acts of commission or omission that tend to make a home an improper place for a child; (g) To…”
Richards v. Smith (In re Smith), 472 B.R. 833 (Bankr.D. Colo. 2012).
· cites it 5× “Colo.Rev.Stat. § 13-21-107(2). Debtor’s son Gavin was a minor at the time of the incident and the State Court found the Defendant vicariously liable under § 13-21-107(2) on account of Gavin’s participation in the incident.”
— Colo. Rev. Stat. § 13-21-107(1) — 2 cases
Chacon v. Am. Fam. Mut. Ins. Co., 788 P.2d 748 (Colo. 1990).
“It then filed suit against the Chacons pursuant to section 13-21-107(1), 6A C.R.S. (1987), which allows a school district to recover damages in an amount not to exceed $3,500 from the parents of a minor under the age of eighteen, living with such parents, who willfully damages…”
Chacon Ex Rel. Chacon v. Am. Fam. Mut. Ins. Co., 762 P.2d 732 (Colo. Ct. App. 1988).
“The school district’s insurance carrier paid the school under its policy and then brought action against the parents under § 13-21-107(1), C.R.S. (1987 Repl.Vol.6A), which allows a school district to recover damages in an amount not to exceed $3,500 from the parents of a minor…”
— Colo. Rev. Stat. § 13-21-107(2) — 2 cases
People in Interest of JLR, 895 P.2d 1151 (Colo. Ct. App. 1995).
“It goes on to provide: The court may order the parent, guardian, or legal custodian of the juvenile to make restitution pursuant to the terms and conditions set forth in this subsection (4); except that the liability of the parent, guardian or legal custodian of the juvenile…”
Richards v. Smith (In re Smith), 472 B.R. 833 (Bankr.D. Colo. 2012).
“Colo.Rev.Stat. § 13-21-107(2). Debtor’s son Gavin was a minor at the time of the incident and the State Court found the Defendant vicariously liable under § 13-21-107(2) on account of Gavin’s participation in the incident.”
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