City of Strafford, MO ARTICLE XII Offenses Concerning Minors [1]

[1] Cross Reference: As to alcohol-related offenses involving minors, §600.060.

Division I Curfew

Section 210.1970 Definitions.

For the purposes of this Article, the following words and phrases are defined as follows:

CRIMINAL ACT

An act which violates the Statutes of the United States, the Statutes of the State of Missouri or the ordinances of the City of Strafford, including curfew and moving traffic violations.

GUARDIAN

Guardian appointed by court of competent jurisdiction.

MINOR

Any person under the age of seventeen (17).

PARENT

The natural father or mother or the adoptive father or mother.

PARENTAL NEGLECT

Any act or omission by which a parent fails to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act.

Section 210.1980 Curfew For Persons Under Seventeen.

A. It shall be unlawful for any person under the age of seventeen (17) years to be in or upon any public place or way within the City of Strafford between the hours of 12:01 A.M. and 6:00 A.M. The provisions of this Section shall not apply to any such persons accompanied by a parent or guardian, to any such person upon an errand or other legitimate business directed by such person's parent or guardian, to any such person who is engaged in gainful, lawful employment during said time period, or who is returning or in route to said employment, or to any such person who is attending or in route to or from any organized religious or school activity.

B. Responsibility Of Parent. The parent, guardian or other adult person having the care and custody of a person under the age of seventeen (17) years shall not knowingly permit such person to violate this Section.

C. Notice To Parent. Any Police Officer finding any person under the age of seventeen (17) years violating the provisions of this Section shall warn such person to desist immediately from such violation and shall promptly report the violation to his/her superior officer who shall cause a written notice to be served upon the parent, guardian or person in charge of such person setting forth the manner in which this Section has been violated. Any parent, guardian or person in charge of such person who shall knowingly permit such person to violate the provisions of this Section, after receiving notice of the first (1st) violation, shall be guilty of an offense.

D. Service Of Notice. The written notice provided in Subsection (C) may be served by leaving a copy thereof at the residence of such parent, guardian or person in charge of the person in violation of this Section with any person found at such residence over the age of seventeen (17) years or by mailing such notice to the last known address of such parent, guardian or person in charge of such person, wherever such person may be found.

Section 210.1990 Parental Responsibility.

A. Whenever a minor shall be arrested or detained for the commission of any criminal act within the City, the Police Department shall, as soon as possible thereafter, deliver written notice to the minor's parent of the arrest or detention, and such notice shall advise the parent of his/her responsibility under this Section. The notice shall be in such a form as to be signed by the notified parent signifying receipt thereof. If the parent refuses to sign said notice, the notifying Police Officer shall indicate such refusal on the notice.

B. No parent shall fail to exercise customary and effective control over a minor so as to contribute to, cause or tend to cause a minor to commit any criminal act. Written parental notice as defined in Subsection (A) of this Section shall be prima facie evidence of parental neglect if the minor commits a second (2nd) or successive violation of any criminal act.

C. Each violation of the provisions of this Section shall constitute a separate offense. Any person who shall violate this Section shall be subject to imprisonment for not more than ninety (90) days and/or a fine of not less than one hundred dollars ($100.00) for the first (1st) violation, not less than two hundred dollars ($200.00) for a second (2nd) violation, and not less than five hundred dollars ($500.00) for any successive violation. In addition, the court may, as a condition of any probation granted to any parent found guilty of violating Subsection (B) of this Section, order the defendant to make restitution to any person who has been damaged by the misconduct of the minor in an amount not to exceed two thousand dollars ($2,000.00).

Division II School Attendance Compulsory — Home School — Penalty

Section 210.2000 School Attendance Compulsory, Who May Be Excused — Non-Attendance, Penalty — Home School, Definition, Requirements — School Year, Defined — Daily Log, Defense To Prosecution — Compulsory Attendance Age of The District Defined — Penalty.

A. Every parent, guardian or other person in the City of Strafford, Missouri, having charge, control or custody of a child not enrolled in a public, private, parochial, parish school or full-time equivalent attendance in a combination of such schools and between the ages of seven (7) years and the compulsory attendance age for the Strafford school district is responsible for enrolling the child in a program of academic instruction which complies with Subsection (B) of this Section. Any parent, guardian or other person who enrolls a child between the ages of five (5) and seven (7) years in a public school program of academic instruction shall cause such child to attend the academic program on a regular basis according to this Section. Non-attendance by such child shall cause such parent, guardian or other responsible person to be in violation of the provisions of Subsection (H) below, except as provided otherwise in this Section. A parent, guardian or other person in this City having charge, control, or custody of a child between the ages of seven (7) years of age and the compulsory attendance age for the Strafford school district shall cause the child to attend regularly some public, private, parochial, parish, home school or a combination of such schools not less than the entire school term of the school which the child attends; except that:

1. A child who, to the satisfaction of the Superintendent of public schools of Strafford, Missouri, or if there is no Superintendent then the chief school officer, is determined to be mentally or physically incapacitated may be excused from attendance at school for the full time required, or any part thereof;

2. A child between fourteen (14) years of age and the compulsory attendance age for the district may be excused from attendance at school for the full time required, or any part thereof, by the Superintendent of public schools of Strafford, Missouri, or if there is none then by a court of competent jurisdiction, when legal employment has been obtained by the child and found to be desirable, and after the parents or guardian of the child have been advised of the pending action; or

3. A child between five (5) and seven (7) years of age shall be excused from attendance at school if a parent, guardian or other person having charge, control or custody of the child makes a written request that the child be dropped from the school's rolls.

B. Definition.

1. As used in herein, a "home school" is a school, whether incorporated or unincorporated, that:

a. Has as its primary purpose the provision of private or religious-based instruction;

b. Enrolls pupils between the ages of seven (7) years and the compulsory attendance age for the district, of which no more than four (4) are unrelated by affinity or consanguinity in the third degree; and

c. Does not charge or receive consideration in the form of tuition, fees, or other remuneration in a genuine and fair exchange for provision of instruction.

2. As evidence that a child is receiving regular instruction, the parent shall, except as otherwise provided in this Subsection:

a. Maintain the following records:

(1) A plan book, diary, or other written record indicating subjects taught and activities engaged in; and

(2) A portfolio of samples of the child's academic work; and

(3) A record of evaluations of the child's academic progress; or

(4) Other written, or credible evidence equivalent to Subparagraphs (1), (2) and (3); and

b. Offer at least one thousand (1,000) hours of instruction, at least six hundred (600) hours of which will be in reading, language arts, mathematics, social studies and science or academic courses that are related to the aforementioned subject areas and consonant with the pupil's age and ability. At least four hundred (400) of the six hundred (600) hours shall occur at the regular home school location.

3. The requirements of Subsection (B)(2) of this Section shall not apply to any pupil above the age of seventeen (17) years who has acquired at least fifteen (15) credits towards graduation.

C. Nothing in this Section shall require a private, parochial, parish or home school to include in its curriculum any concept, topic, or practice in conflict with the school's religious doctrines or to exclude from its curriculum any concept, topic, or practice consistent with the school's religious doctrines. Any other provision of the law to the contrary notwithstanding, all departments or agencies of the City of Strafford shall be prohibited from dictating through rule, regulation or other device any City-wide curriculum for private, parochial, parish or home schools.

D. A school year begins on the first (1st) day of July and ends on the thirtieth (30th) day of June following.

E. The production by a parent of a daily log showing that a home school has a course of instruction which satisfies the requirements of Section (B), in the case of a pupil over the age of sixteen (16) years who attended a metropolitan school district the previous year, a written statement that the pupil attending home school in compliance with this Section shall be a defense to any prosecution under this Section.

F. As used herein, the term "compulsory attendance age for the district" shall mean a student who has reached the age of seventeen (17) and who has obtained at least fifteen (15) credits towards graduation.

G. The provisions of this Section shall apply to any parent, guardian, or other person in the City of Strafford having charge, control, or custody of a child between the ages of fifteen (15) and eighteen (18) if such child has not received a high school diploma or its equivalent and a court order has been issued as to such child under Section 211.034, RSMo.

H. Any parent, guardian or other person having charge, control or custody of a child who violates any provision of this Section shall be guilty of violating this Section and shall be fined no less than one hundred dollars ($100.00) and/or imprisonment for up to thirty (30) days. Upon conviction and pending any judicial appeal, the defendant shall be required to enroll the child in a public, private, parochial, parish or home school within three (3) public school days, after which each successive school day shall constitute a separate violation of this Section. The fine or imprisonment, or both, may be suspended and finally remitted by the court, with or without the payment of costs, at the discretion of the court, if the child is immediately placed and kept in regular attendance at a public, private, parochial, parish or home school and if the fact of regular attendance is proved subsequently to the satisfaction of the court. A certificate stating that the child is regularly attending a public, private, parochial or parish school and properly attested by the Superintendent, Principal or person in charge of the school is prima facie evidence of regular attendance by the child.

Section 210.2010 through Section 210.2090. (Reserved)