[HISTORY: Adopted by the Municipal Council of the Township
of Irvington 10-10-2001 by Ord.
No. MC 3181 (Ch. 139, Art. X, of the 1981 Revised
Code). Amendments noted where applicable.]
The purpose of this chapter is to reduce the incidence of misconduct
by juveniles by requiring proper supervision on the part of the custodial
parents or parent.
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
A parent/parents or legal guardian of a juvenile who has
legal custody of said juvenile.
A person age 12 years old to 17 years old.
A custodial parent of an unemancipated juvenile residing
with such custodial parents shall be presumed, by virtue of his/her
uniquely intimate and ongoing relationship to the juvenile, to have
the greatest obligation and the greatest opportunity to deter delinquent
behaviors.
Every custodial parent has a duty to properly supervise his
or her child. Any custodial parent whose juvenile is convicted of
a Municipal Code violation twice within a six-month period or three
or more times within a twelve-month period is guilty of failing to
properly supervise said juvenile. The six- and twelve-month periods
shall be measured from the date of the first conviction.
A.
The following shall be defenses to a violation of § 419-3:
(1)
Where the parent has made all reasonable and available efforts under
the circumstances to prevent the juvenile misconduct.
(2)
Where the parent can provide specific evidence of enrollment or ongoing
participation in parenting classes, family therapy, or group counselling.
(This is not to exclude other such activities associated with making
a reasonable effort at enhancing one's parenting effectiveness.)
(3)
Where the parent was not legally responsible for the supervision
of the juvenile at the time the misconduct occurred.
(4)
Where the parent has a physical or mental disability or incompetency
rendering them incapable of supervising the juvenile at the time the
misconduct occurred.
(5)
Where the parent reported the act to the appropriate authorities.
B.
It is not a defense where the parent assigns his or her parental
responsibility to another, except pursuant to legal proceeding, which
results in a court order effectuating the same.
