Understanding Teenage Drinking and Host Liability

About 20% of eigth graders report having consumed alcohol within the last thirty days compared to 35% of tenth graders and 50% of twelfth graders, according to the National Institute on Alcohol Abuse and Alcoholism.

Aside from the serious risks associated with drinking and driving or binge drinking, many parents and adolescents do not understand the legal risks surrounding underage drinking.

The Matawan Regional High School Student Personnel Department attempted to answer some of these questions with a presentation Tuesday morning that marked the first enstallment of "Talks on Tuesdays," a program designed to guide parents through the teenage years.

According to Ellen Ninger, the sophomore counselor at Matawan Regional High School, teens often do not comprehend the long term effects of their actions when it comes to drugs and alcohol.

Not only do colleges ask if and why a student was suspended during high school, but their parents can face jail time or a friend can be seriously hurt or killed.

The next "Talks on Tuesdays," program will examine how to cope with an angry teenager. It will take place in the high school media center from 7:30-8:30 a.m. on Nov. 22.

Hosting A Party

According to Aberdeen Police Officer Griffith, parents often believe that by taking everyone's keys they are providing a safe environment for kids to underage drink because they will not drive under the influence.

However, parents can be charged for endangering the welfare of a child, serving alcoholic beverages to underage people or maintaining a public nuisance. The teens caught consuming can be charged with underage consumption, and anything that happens in the home or after the child leaves the home, the homeowner is responsible for and will not be covered by homeowner's insurance, according to Griffith.

The same if true if a teen hosts a party while the parents are not home. Whether they know of the party or not, the parents are ultimately responsible. Griffith said that the best approach, if you find your teen having a party while you are out, is to call the police. The child may be fined, however, it reduces the parents' liability and is a safe way to ensure no one gets hurt or drives under the influence.

Under The Influence in a Public Area

Teens can be charged for being under the influence in a public area, and can be suspended if caught under the influence on school grounds, according to Marie Hitchman, a student assistant counselor at the high school.

If a student is suspected of being under the influence, they will be brought to a local clinic and tested for drugs and alcohol. The test will also indicate levels, which allows health care professionals to determine in certain cases approximately how long it has been since the teen consumed drugs or alcohol.

If the test is positive, the student will be suspended and receive counseling, according to Hitchman. She said there must be a punishment, however the focus is on rehabilitating the teen and helping them develop coping skills so they do not feel the need to numb themselves through drugs and alcohol.

Receiving Guidance and Counseling

Hitchman and Ninger emphasized that a parent does not have to wait for their child to get caught before seeking help. The parent can contact the school and have their child drug tested, free of charge to the parent, and have the child begin to receive counseling and guidance.

The help is confidential, Hitchman said, and will not result in punishment for the teen. She encouraged parents to reach out before a minor issue accelorates into a more serious issue.

911 Lifeline Legislation

911 Lifeline Legislation refers to P.L. 2009,c.133, a law designed to encourage minor to seek medical help when faced with uncertainty of the signs of alcohol poisoning or the fear of facing legal charges.

This law is not designed to justify underage drinking, but rather help teens receive potentially life saving health care without fear of legal ramifications.

According to a pamphlet issued by the New Jersey Prevention Network, if a young person is suspected of alcohol poisoning and a friend wants to help them they must:

1. Call for help: One of the underage persons call 911 and reports that another underage person was in need of medical assistance due to alcohol consumption. The underage person is the first person to make the 911 report;
2. Stay with your friend: The underage person remains on the scene with the underage person in need of medical assistance; AND
3. Talk with authorities: The underage person who called 911 provide his or her name to the 911 operator and cooperates with medical assistance and law enforcement personnel on the scene.

The underage person who is receiving medical assistance is also immune from prosecution, whether on public or private property.