A. Definitions: For the purposes of this section, the following terms, words and their derivations shall have the following meanings:
CRIMINAL ACTS: The intentional commission of an act or acts which violate the statutes of the state of Illinois or the ordinances of the city.
LEGAL GUARDIAN: Any foster parent, or any person appointed guardian or otherwise awarded custody of a minor by a court of law in this state, or any person appointed guardian or given custody of a minor under the Illinois juvenile court act, but shall not include any person appointed guardian only of the estate of a minor.
MINOR: Any juvenile under the age of eighteen (18).
PARENT: The father or mother of a minor child, whether by birth or adoption. The word "parent" as used in this section shall also be deemed to mean legal guardian. In the event that the minor's parents are divorced or separated within the meaning of the Illinois marriage and dissolution of marriage act 1
, the parent having lawful physical custody of the minor shall be deemed to be the parent authorized to give consent as required by this section.
VALID CAUSE: For absence means illness, observance of a religious holiday, death in the immediate family, family emergency and other situations beyond the control of the minor as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the health or safety of the minor.
B. Truancy Prohibited: It shall be unlawful for any person under the age of eighteen (18) enrolled in a public, private or parochial school within the corporate limits of the city to absent himself from attendance at school, during such period when school is in session, without the permission of his parent or legal guardian for absences for "valid cause" as defined herein or by the school in which the minor is enrolled. Any person who shall so absent himself from school attendance without valid cause or parental permission, as provided herein, shall be guilty of the offense of truancy and, upon conviction, shall be subject to the penalties hereinafter set forth in this section. Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absenting himself from school without parental permission shall not constitute truancy if permission for such absence has substantially been obtained from the parent or lawful guardian and such permission is submitted in writing to the proper school authorities within twenty four (24) hours after such absence.
C. Parental Responsibility: It shall be unlawful for a parent or legal guardian to permit his minor child or ward to violate this section.
D. Parental Neglect: It shall be unlawful for a resident of the city, as a parent of a minor residing with said parent, to fail to exercise reasonable parental control which results in the minor being convicted of the commission of "criminal acts", as herein defined, or allow the minor to become delinquent in accordance with the juvenile court act as defined by the statutes of the state of Illinois.
E. Notice Of Child Arrest: Whenever a minor shall be arrested or detained for the commission of any criminal act within the city, the police department shall immediately notify the parent of such minor and advise the parent of such arrest or detention, the reason therefor and his responsibility under this section. A record of such notification shall be kept by the Des Plaines police department. (Ord. M-66-93, 12-20-1993)
F. Penalty:
1. Any person who shall so absent himself from school attendance without valid cause or parental permission as provided herein shall be guilty of the offense of truancy and, upon conviction, shall be subject to a fine as provided in the general penalty in section 1-4-1 of this code for each offense, and each day that such person shall absent himself from school attendance shall constitute a separate offense.
2. Any person found guilty of "parental neglect", as defined herein, shall be subject to a fine as provided in the general penalty in section 1-4-1 of this code, or sentenced to a penal institution other than the penitentiary or a term of not more than ninety (90) days. (Ord. M-66-93, 12-20-1993; amd. 2002 Code)
Notes
| 1 | 1. 750 ILCS 5/101 et seq.; 5/401 et seq. |