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(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
LEGAL GUARDIAN. Any person appointed guardian or given custody of an unemancipated minor by a Circuit Court of the state or of any state of the United States, but does not include a person appointed guardian or given custody of, an unemancipated minor under the Illinois Juvenile Court Act, being ILCS Ch. 705, Act 405, §§ 1-1 et seq.
PARENT. The lawful mother or father of an unemancipated minor, whether by adoption or birth.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY. Any real estate including improvements thereon and tangible personalty.
UNEMANCIPATED MINOR. A person who has attained 11 years of age but who has not yet reached 19 years of age and who resides with his or her parent or legal guardian, and whose prime support is provided by his or her parent or legal guardian, but resides in another place with the permission of his or her parent or legal guardian.
(B) Agreement. Upon establishment of the guilt of an unemancipated minor for willful or malicious acts which cause injury to a person or property, the unemancipated minor shall obtain from his or her parent or legal guardian an agreement that restitution shall be made by the parent or legal guardian to the person injured or the owner of the property damaged and shall also obtain a payment schedule for the payments; provided that:
(1) Restitution has not already been made by the unemancipated minor, his or her parent or legal guardian or any other person, voluntarily or under the provisions of the Illinois Parental Responsibility Law (Illinois Compiled Statutes); and
(2) The parent or legal guardian was made a party defendant in all proceedings against the unemancipated minor and has been served with all citations, summons, complaints, notices and other documents required to be served upon the unemancipated minor defendant, with service made upon the parent or legal guardian, in the same manner service was made upon the unemancipated minor defendant.
(C) Limitation on recovery. No restitution under this title may exceed $1,000 actual damages for each person or property owner for each occurrence of willful or malicious acts by the unemancipated minor which causes injury. In determining the damages to be allowed in a restitution for personal injury, only medical, dental and hospital expenses may be considered. This title shall not effect the recovery of damages in any other cause of action where the liability of the parent or legal guardian is predicated on a common law basis.