A Parent’s Perspective Prepared By: Judge Julie A. Nicholson 52-3 District Court 52-3 District Court

  The content of this document is for informational purposes only.  In accordance with the Michigan Code of Judicial Conduct, a judge cannot give legal advice.  Do not duplicate without permission © 2012 Criminal Social Host Liability

Teenage alcohol use - where are they getting it from and why is it overlooked? Community attitudes and actions play a critical role in the behavior of teens: 1.We did it when we were their age and we turned out “OK”. 2.I know that they are going to drink one way or another, so I would rather they drink in my house where I can watch them and take away their keys so they don’t drink and drive. 3.If I don’t allow them to drink now, then they are more likely to become “binge” drinkers once they go to college or when they turn An MIP is not a big deal – they can get it dismissed from their record.

Statistics: Over 50% of young people will try an illicit drug and/or alcohol at least once during their teenage years. * For American youth aged years old, 12.2% met the definition of an alcoholic. Compare this to adults ages where the rate of alcohol dependence was 4.1%. * Teenagers typically consume 2-3 times as much alcohol for their body weight as adults. * Intoxication in young adults is the basis for many crimes such as assault, sexual assault (rape), drunk driving, and retail fraud. 40% of youth ages who used alcohol in the past 30 days reported receiving free alcohol from an adult. * The most common sources of alcohol are the young person’s own home or from persons over the age of 21 that purchase alcohol for them – i.e. parents, siblings, friends, strangers. * Dr. Ken C. Winters, “Adolescent Brain Development and Drug Abuse” The Mentor Foundation – 2008.

What happens if an underage teen is caught possessing, purchasing or consuming alcohol? 1. For a first violation: - A fine of up to $100, participation in substance abuse prevention services or substance abuse treatment and rehabilitation services, community service and substance abuse screening. 2. For a second violation: - Up to 30 days jail after a violation of an order of probation and/or a fine of up to $200 in addition to substance abuse treatment and rehabilitation services, community service, substance abuse screening and suspension of a driver’s license for up to 90 days. 3. For a third violation: - Up to 60 days jail after a violation of an order of probation and/or a fine of up to $500 in addition to substance abuse treatment and rehabilitation services, community service, substance abuse screening and suspension of a driver’s license for up to one year.

What happens if alcohol is served to underage teens in your home? Michigan: 1. Hosts of parties where a minor either possess or consumes alcohol is a misdemeanor: -Up to 30 days in jail and/or up to $1,000 fine -If licensed by the State of Michigan for your profession (i.e. medical caregiver, lawyer) required to report to the State and risk discipline for the offense. 2. Furnishing alcohol to a minor regardless of age or relationship- misdemeanor punishable by: -Up to 60 days in jail, community service and fine of up to $1, Second or subsequent offense – driver’s license suspended for 180 days. Eff. 6/30/11 AND up to 90 days in jail and fine up to $1, The minor’s consumption of alcohol is a direct and substantial cause of that person’s death or accidental injury that causes death is a felony : -Up to 10 years and a $5,000 fine.

The truth about the physical/psychological effects of underage drinking: Brain development is still in progress during adolescence; immature brain regions may place teenagers at an elevated risk to the effects of drugs and alcohol. Significant changes to the brain continue into the early 20’s. Young people have a tendency to make decisions that seem to be risky and can lead to health and safety problems. Reasoning and judgment are developing well into the early to mid – 20’s. * The brain maturation occurs from the back of the brain to the front. The front region, also known as the prefrontal cortex, is responsible for high-level reasoning and decision-making, enables a person to think clearly and control impulses. *Dr. Ken C. Winters, “Adolescent Brain Development and Drug Abuse” The Mentor Foundation – 2008.

Arrested Development???? The developing brain (i.e. teenage brain) is more prone to the adverse effects of alcohol: - more brain damage in frontal cortex of teens than adults - greater damage to their working memory – adolescents with alcohol use disorders had nearly 10% smaller volume in their hippocampus (memory) area and greater memory retrieval deficits than healthy adolescents. * Bottom line: Prevention is urgent. Delaying the onset of drug/alcohol use is better for brain development, preventing escalation of use and can avoid permanent brain damage. * *Dr. Ken C. Winters, “Adolescent Brain Development and Drug Abuse” The Mentor Foundation – 2008.

Can teenagers ever make rational decisions or appreciate the difference between right and wrong??? Probably think “NO” Not true – capable of doing so but more likely to act impulsively. Kids/Teenagers v. Adults 1. Impulsive 2. Aggressive 3. Emotionally volatile 4. Likely to take risks 5. Reactive to stress 6. Vulnerable to peer pressure 7. Prone to focus on and overestimate short-term payoffs and underplay longer - term consequences of what they do 8. Likely to overlook alternative courses of action

Your job: Education! 1. Encourage kids to use “thinking breaks” when faced with an emotional or arousing situation. Second thoughts are a good thing. 2. Realize that you need to send the message that you are helping your kids anticipate a risky situation until their brain is fully developed and capable of recognizing danger signs on their own.

What can you do? 1. Zero Tolerance – communicate to your teenagers that you do not condone nor will you tolerate underage drinking anywhere, anytime. 2. Put the alcohol in a “safe” place – i.e. special cupboard, refrigerator that has a lock. 3. When having a social event, don’t make alcohol the focus of the party. Have plenty of non-alcoholic beverages available and offer a variety of foods for guests. 4. Use professional, trained bartenders or caterers. These persons should be trained and instructed not to serve alcoholic beverages to underage or intoxicated persons. Also, make sure that the professional bartender carries liability insurance. 5. Let your kid’s friends know that you will not tolerate any underage drinking in your house and that you will notify their parents and/or authorities if they choose to break that rule/law. 6. Always check the identification of any person if you are unsure they are 21 or older.