Legal Question in Criminal Law in California

First of all, let me state that I am soooo sorry for the predicament in which your friend finds herself. If the 18-year-old daughter gave the 12-year-old ecstacy, then, the older daughter is probably going to be facing some sort of criminal prosecution. If I were the 18-year-old, I would be very afraid.

Unless your friend gave the 18-year-old the drugs, I hope that no one will seek to hold your friend responsible. It is a very despicable thing that the 18-year-old did, and the mother should be very angry and disapproving with her 18-year-old for doing what she did. Hopefully, the social worker will see that the mother neither does drugs herself nor encourages the use of drugs by others.

If the victims do seek to hold your friend responsible, does your friend have a homeowner's or renter's insurance policy? If she does, when she receives notice that she may be sued, she needs to make a claim with the insurance company.

Your friend could be responsible for up to $25,000 for what her 12-year-old daughter did in selling the drug at school, i.e., the doctor bills for the child who became sick, her pain and suffering, etc. However, if they discover that your friend is a single mother with only enough money to cover the necessities of life, they will probably seek restitution from the older daughter in the criminal action. Any victims to a criminal action can receive damages called restitution. Restitution makes them whole for the damages that they suffered. Your friend's 18-year-old may have to get a job when she gets out of jail in order to pay them back any ordered restitution. Your friend is not responsible for your adult daughter's actions, as an adult she should know better; but she is definitely responsible for her 12-year-old daughter's actions. The 18-year-old may have to stay in jail for a while, but it is doubtful that the 12-year-old will be removed from your friend's care unless your friend was involved in the 18-year-old having the drugs in the first place.

The 12-year-old victim is comparatively negligent in taking the drugs, but the fact that the victim should have known better may not be enough to keep your friend away from liability, and it will definitely not keep her 18-year-old safe from being prosecuted by the criminal legal system.

If a social worker has concerns about the 18-year-old living at home with the 12-year-old, then your friend should offer to kick the 18-year-old to the curb or have her live elsewhere with adult relatives (if she is not already in jail).

If your friend has any further questions, I am available for consultation.