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HomeMy WebLinkAbout1998-05-26 - AGENDA REPORTS - PARENTAL RESPONSIBILTY MEASURE (2)UNFINISHED BUSINESS DATE: May 26, 1998 AGENDA REPORT City Manager Approval / Item to be presented by: Adele Macpherson SUBJECT: PARENTAL RESPONSIBILITY MEASURE: UPDATE DEPARTMENT: Parks, Recreation & Community Services RECOMMENDATION City Council accepts report for informational purposes only. BACKGROUND At the request of both the City Council and residents, staff has spent the last year researching the merits of a conceptual Parental Responsibility Ordinance for the City. For reasons that will be explained within the context of this report, at this time staff does not recommend further City Council consideration of this conceptual ordinance "' PARENTAL RESPONSIBILITY ORDINANCE: OVERVIEW The first draft of this proposed ordinance was presented to the City Council in July of 1997. At that time, it was envisioned that the enforcement of this type of ordinance would be addressed as a "criminal matter," and that any potential citation would be issued specifically to the parent or guardian of a juvenile. While the term "criminal matter" conjures up a strong image, it is important to note that any criminal citation issued in connection with this type of ordinance would be considered an "infraction" and similar to receiving a normal traffic ticket. In summary, as discussed by staff at the City Council's July 1997 Study Session, the process to enforce a Parental Responsibility type ordinance can best is described as "tiered." As discussed at the July 1997 Study Session, an individual impacted by this conceptual ordinance would first receive a "Notification Letter" informing them of their child's action, the existence of a parenting ordinance, and an opportunity to voluntarily take advantage of existing "family oriented" programs. Only after their child's second contact wit$ Sheriffs Deputies, could the actions prescribed by this potential ordinance (mandatory attendance in a family oriented program) be imposed, and only after a third contact with Sheriffs Deputies would a monetary fine even be considered. In staffs opinion, one of the most important distinctions concerning the format of this conceptual ordinance (as it was described to the City Council in July 1997) was the method of enforcement. By developing an ordinance that was criminal in nature, the Sheriffs Department and District Attorney's Office would have shared responsibility for its enforcement. However, at the suggestion of the City Attorney, following the July 1997 Study Session, staff chose to Appflffffl Agenda Item:' / 20"" Parental Responsibility. Measure: Update May 26, 1998 Page 2 modify this conceptual ordinance and incorporate language that would cause potential violations to be considered "civil" in nature. The significance of this action would make it incumbent upon the City (specifically, City staff) to pursue any potential violation as a civil matter. CIVIL CITATIONS The suggestion to incorporate civil fines, as opposed to criminal fines, came about for two specific reasons. First, as a matter of law, the City would need only to demonstrate that a "preponderance" of evidence (as opposed to "beyond a reasonable doubt") existed to potentially succeed in a court of law. Second, the incorporation of civil citations would provide the City with a greater level of protection against a possible legal challenge to the ordinance. However, beyond these two factors, in staffs opinion this type of approach presented challenges that outweighed the overall benefit. First, in terms of staff time, the enactment of a Parental Responsibility Ordinance incorporating civil fines would place modest impacts upon current City resources. However, even more importantly than the potential level of City resources required to administer this program, staff believes the adoption of this type of ordinance creates a situation where the City is "playing both sides of the fence." Specifically, if adopted as a civil ordinance, this ordinance could create a situation where City staff could in one breath be encouraging a parent to take advantage of a program that benefits their entire family, and in the next.breath be issuing a civil citation to that same individual. EXISTING YOUTH/FAMILY RESOUCRES & LAWS The City's Community Services Division directly oversees, or participates in over 35 projects and programs that provide supportive resources for our youth population, their parents, and the family as a whole. These programs range from the Anti -Gang Task Force, to the Mayor's Conference on Youth and Family, to the "We Care For Youth" Program, and the newly created "Action" Program. While these programs vary in approach, consistently each program strives to achieve its goals by creating a positive environment that success can be built upon. Lastly, the recent adoption (January 1998) of new "Procedures for the Citation of Non -Detained Minors" by the Juvenile Division of the Los Angeles County District Attorney's Office, dramatically reduces Santa Clarita's need for a Parental Responsibility Ordinance. Among the new procedures enacted, this law requires the setting of time limits to remedy situations among agencies (including law enforcement, probation, the DA's Office and Juvenile Court) involved in juvenile criminal matters. Further, this new law also mandates that a separate citation be issued to the parent of a minor to appear in the same court as their child. At this time staff is recommending against the further consideration of a Parental Responsibility Ordinance, opting instead to take advantage of existing City programs and the new legal procedures developed by the Juvenile Division of the Los Angeles County District Attorney's Office. Parental Responsibility Measure: Update May 26, 1998 Page 3 ALTERNATIVE ACTIONS 1. Further City Council consideration of the proposed Parental Responsibility Ordinance 2. Other actions as determined by Council. FISCAL IMPACT None ATTACHMENTS The July 1997 City Council Study Session Item relating to the proposed Parental Responsibility Ordinance is available for review in the City Clerk Reading File. hApamt526.doe