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HomeMy WebLinkAbout1996-02-06 - AGENDA REPORTS - PARENTAL RESP (2)CITY OF SANTA CLARITA INTEROFFICE MEMORANDUM TO: Mayor Boyer and the City Council FROM: George A. Caravalho, City Manager DATE: February 6, 1996 SUBJECT: PROPOSED PARENTAL RESPONSIBILITY ORDINANCE AND TRUANCY ENFORCEMENT PROGRAM 1-07.W.9 In August of 1995, the Santa Clarita Valley Anti -Gang Task Force (AGTF) conducted a Planning Session to continue our efforts to make our community gang free. Specifically, this Planning Session was designed to bring a focus to AGTF's efforts and establish a work plan for the next two years. Overall, the AGTF is working in collaboration with many community resources to provide positive programs and target youth crime in all areas of the Santa Clarita Valley.' To accomplish these tasks, the AGTF has established an "Action Plan" which encompasses working committees developed specifically to address issues of concern that exists within the community. Based upon the goals established at the August 1995 Planning Session, the AGTF has developed an Action Plan that focuses on the following: •Marketing Plan: Market the ongoing efforts of the AGTF and recruit new members *Develop New Programs: Investigate and bring successful new programs to Santa Clarita *Support COBRA: Work with Sheriffs Department to maintain a cohesive COBRA Team *Support Positive Groups: Support groups that provide positive alternatives to gangs *Positive Choice Recognition: Recognize youths that have overcome challenges and succeeded *Help Teens Leave Gangs: Develop a plan that helps get teens out of gangs safely *Crisis Response Team: Develop and create a Crisis Response Team within the community *Good Statistics: Get good data to the AGTF in order to track the results of programs *Investigate New Laws: Investigate new laws to improve the ability of law enforcement It is this last action item, the investigation of new laws, that staff wishes to focus upon for the remaining portion of this report. In previous years, the City has been aggressive in investigating and implementing new laws to improve law enforcement's ability to address teen crime. This is especially true concerning graffiti type legislation. In the previous four years, the City has adopted many ordinances that have been extremely effective in aiding law enforcement's ability to reduce graffiti related vandalism. 'Previous City ordinances have focused upon graffiti tools such as aerosol spray paint and ink markers, the time frame for the removal of graffiti and curfew. At the June 30, 1993 City Council Study Session, representatives from both the Sheriff's COBRA Division and the Pride Committee discussed restarting enforcement of the City's Curfew Ordinance. The City Council's direction to reinitiate enforcement of the Curfew Ordinance was extremely effective as both the Sheriffs Department and the Pride Committee observed immediate results. Further, the enforcement of the curfew ordinance has played a significant role in the overall reduction of graffiti observed since 1993. ENFORCEMENT OF TRUANCY LAWS At this time, staff is in the process of investigating new laws concerning Truancy and Parental Responsibility. In matters of truancy enforcement, both the Sheriffs Department and the Valley's School Districts rely upon provision of the State Education Code. Specifically, Article 5 ('Truants"), Section 48265 of the Education Code provides the Sheriffs Department with the ability to deliver any minor to the parent, guardian, or school from which the minor is absent. Currently, Sheriff deputies rely upon these provisions of the Education Code to stop minors they observe to be loitering during school hours. Students stopped and found out of class without an acceptable excuse are returned to the school from which they are absent. Commonly, Sheriffs do not cite students found loitering. In recent months, many government agencies have adopted truancy ordinances which afford them with the ability to issue citations to students that are found loitering off campus. An ordinance adopted by the City of Los Angeles makes it unlawful for students younger than eighteen years of age to leave campus between the hours of 8:30 a.m. and 1:30 p.m., unless they have a valid excuse. Staff has had the opportunity to meet and discuss these and other alternate methods of truancy enforcement with the Sheriffs Department and the School Districts. While enforcement methods that would require a parent to meet with school officials before their child was allowed to return to class were considered, administrative concerns and cost implications would make this approach difficult to implement. For these reasons, at this time staff does not recommend a local ordinance of this nature. Instead Sheriff' and School District representatives, and City staff agrees that as a community we should continue to target enforcement by using the State Education Code provisions. It is staffs recommendation that the Sheriffs and School Districts continue to target enforcement of laws relating to truancy, and that efforts are made to increase the number of Truancy Sweeps coordinated by the Sheriff's Department. PROPOSED PARENTAL RESPONSIBILITY ORDINANCE In September of 1995, staff provided the City Council with an analysis of the Parental Responsibility Ordinance that the City of Silverton Oregon adopted into law. The provisions of this ordinance provide that the parent or legal guardian of any minor commits the offense of "Failing to Supervise a Minor," if the minor violates of any provision of the Silverton Municipal Code. Like the Silverton Ordinance, it is not staffs intent to develop an ordinance that imposes punitive actions or monetary fines upon the parent or guardian because of their child's action. Instead, staff wishes to develop a Parental Responsibility Ordinance that focuses upon giving parents the necessary resources to cope with a potential at -risk child. While a proposed ordinance of this nature will consider punitive fines, it will do so only under extreme circumstances and as a measure of last resort. Working with the Newhall Municipal Court, as well as Sheriff and Probation officials, staff would like to develop a program that requires parents to take notice of their child's actions. As it is proposed, the Sheriffs Department would track specific offenses committed by minors that staff would outline within a potential Parental Responsibility Ordinance. Staff believes this list of offenses should include:. violation of the City's Curfew Ordinance, vandalism less than $400.00 (including graffiti related vandalism), and violations of the State's Education Code relating to truancy. As staff envisions the concept of this program, once the Sheriffs have cited a minor for an offense that the City has identified as a violation of this ordinance, the following will occur: • On the first offense, a notification will be mailed via certified mail to the parent or guardian of the minor committing the offense. This letter will inform the parents of their minors' contact with Sheriff deputies; outline the City's Parental Responsibility Ordinance and; notify them that any future contact their child may have with law enforcement officials may result in their being charged with the offense of failing to supervise a minor. Further, this notification letter will refer parents to the City's "Parenting Resource and Referral Service" Hotline. This information is being established through the City's Parks, Recreation and Community Services Department. For the first notification, parents may voluntarily take advantage of the resources offered by the City and community organizations. • If future incidents involving the same minor occur, recommending that the parent be charged with the offense of failing to supervise a minor will be incumbent upon the Sheriffs Department. A first offense of this ordinance would carry no monetary fine. The court would instead require parents to participate and complete some type of parenting program in lieu of a monetary penalty. Finally, if this minor is a habitual offender, or the parent fails to complete the parenting program as prescribed by the court, staff believes punitive fines must be considered as a last resort. In developing this type of ordinance, staff can include a penalty provision that incorporates the use of "Progressive Infractions." A progressive infraction process may begin with a penalty amount of $100.00, up to $250.00. Staff has had an opportunity to meet with representatives from the Sheriffs, Probation and District Attorney's office to discuss this proposed Ordinance. These discussions have been extremely positive, as each agency has indicated their support for the concept of a Parental Responsibility Ordinance. Additionally, staff has spoken to several community agencies concerning the concept of this ordinance. Their responses have been equally supportive, and staff believes a network of community resources and programs stand ready to provide assistance to parents/families that are in need of support.. Finally, staff has had an opportunity to review the concept of a Parental Responsibility Ordinance with the City Attorney. It is the City Attorney's contention that legislation of this nature is inherently susceptible to challenges by associations such as the American Civil Liberties Union (ACLU) or other civil rights organizations. Specifically, the imputation of liability placed upon a parent, because of the actions of their children may be viewed as a violation of the rights of parents. Overall, the City Attorney feels the concept of holding a parent accountable for the actions of their children is a very difficult concept as it lends itself to civil rights challenges. As this type of ordinance is a relatively new concept and involves exposure to litigation, the City Attorney's office believes the potential development of this ordinance dictates the need for careful and thorough research to disclose litigation experience of other communities which have attempted similar legislation. The City Attorney has advised staff that such research may result in an additional $3,000.00 in City Attorney expenses. RECOMMENDATION That the City Council receive staffs report, and provide direction on how to proceed regarding these matters.; REVISED ANALYSIS Title 13 of the Los Angeles County Code identifies specific offenses by minors punishable by law.. Chapter 13.56 sets curfew restriction$ for minors during the hours between 10:00 p.m. and sunrise on any given day, the violation of which results in a fine, imprisonment, or both.. This ordinance would add a new Chapter 13.57 which .punishes minors for being absent from school during the school day between the hours of 8:30 a.m. and 1:30 p.m. without a valid excuse if the minor is found in a public place. Violation of this ordi- nance will constitute an infraction punishable _by a fine not to. exceed $250. DE WITT W. CLINTON County Counsel By LAWRENCE L. HAFETZ Deputy County Counsel LLH:dl Revised 1/19/96 Page 2 --- ----- ------ORDINANCE NO. An ordinance amending Title 13 - Public Peace; Morals and Welfare of the Los Angeles County Code to add Chapter 13.57 relating to the absence ofa minor from school during the school day without a valid excuse. The Board of Supervisors of the County of Los Angeles ordains as follows: Section 1.. Title 13 of the Los Angeles County Code is hereby amended by adding Chapter 13.57 thereto to read:. Chapter 13.57 DAYTIME RESTRICTIONS FOR MINORS Section 13.57.010 Prohibited act. A. It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to be "absent from school and found in a public place," as defined in Subsec- tion -B below, unless the minor has one of the valid excuses specified in Section 13.57.020. B. For purposes of this chapter, a minor is "absent from school and foundin a public place" if said minor is found idling, wandering, strolling, playing, or aimlessly driving or riding about in or upon any public street, avenue, highway, road, curb area, alley, park, playground, or other public ground, public place or public building, place of amusement or eating place, vacant lot or unsupervised place, or any place open to the --------------------------- ------------------- Page 3 ---- public during the hours of 8:30 a.m. and.1:30 p.m. of the same day on days when said minor's school is in session. Section 13.57.020 Valid excuses. The provisions of this - chapter shall not apply when a minor has one of the following valid excuses: A. The minor hasin his or her possession a written excuse from the minors parent(s), legal.guardian(s), or other adult person(s) having the legal care or custody of said minor, which excuse provides a reasonable explanation, as determined by the court, for the minor's absence from school; B. The minor is accompanied by his or her parent(s), legal guardian(a), or other adult persons) having the legal care or custody of the minor; C. The minor is upon an emergency errand directed by said Gvvii_-9 the iegai care or custUuy ui u.e u�ilu ; D. Theminor is going to or .returning directly from a medical appointment; E. The minor has permission to leave campus and said minor has in his or her possession a valid, school -issued, off -campus permit; F. The minor is going to or returning directly from a public meeting, or place of public entertainment, such as a movie, play, sporting event, dance or schoolactivity, provided such meeting, eventor activity is a school -approved activity for the minor or otherwise supervised by school personnel of said minor's school; or __________________._.______________________.________ Page 4 ---- G. The presence of the minor in said place or places is connected with or required by a school -approved or school -related business, trade, profession or occupation in which said minor is lawfully engaged. Section 13.57.030 Infraction - Penalty. Violation of this chapter shall constitute an infraction punishable by a fine not to exceed $250. Section 13.57.040 Hearing requirement - Parental obligation to attend. A minor guilty of an infraction under this chapter must attend a court hearing on the .infraction and must be accom- panied at the hearing by his or her parent (a), legal guardian(s), or other adult person(s) having the legal care or custody of said minor. If any such parental or custodial person(s) fails to attend the hearing with the minor, and unless the interests of justice would otherwise be served, the court shall' continue the hearing and shall issue citation to said parental or custodial person(s) directing said person(s) to appear at the continued hearing withthe minor. Section 13.57.050 Penalty may be set aside for first infraction. Notwithstanding Section 13.57.030, the court may set aside the fine .imposed by this chapter, or any portion thereof, if the fine is based on the minor's first infraction under this chapter and provided the minor produces proof satisfactory to the court that the .following has occurred during the period between the initial hearing on the infraction and any subsequent hearing set by the court: A. The minor has had no unexcused absences from school; and ---------------------------`------- -------- Page 5 ---- S. The minor has performed ten (10) hours of court -approved community service during times other than said minor's hours of school attendance; or C. The minor's parent(s), legal guardian(s), or other adult person(s) having the legal care or custody of said minor .has or have attended a parenting class or a series of parenting classes approved by the court. Section 13.57.060 Severability.. If any provision or clause _ of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. [1357lh2.coc] - - -- — -- V0240018 RFTF Al VIEW Page 5 Line 16 [13571h2.cocl ---------- End of Document-------------------------------