The increasing number of criminal episodes committed by children is a negative reflection of our society's attention to family stability, and demonstrates the breakdown of meaningful parental supervision of children. Those who bring children into the world or assume a parenting role, but fail to effectively train, guide, teach and control them, should be accountable at law. Those who need assistance and training should be aided. Those who neglect their parenting duties should be encouraged to be more diligent through criminal sanctions, if necessary. This chapter should be construed to achieve these remedial objectives. (1999 Code)
A person commits the offense of failing to supervise a child or tending to cause the delinquency of a child, if the person:
A. Is the parent, lawful guardian, or other person over the age of eighteen (18) years who is lawfully charged with the care or custody of a child, which adult person resides within the corporate limits of the city; and
B. Fails to provide appropriate and reasonable supervision of the child; or who aids, contributes or becomes responsible for the neglect, abuse or delinquency of the child. For purposes of this section, a person is responsible for the delinquency of a child or has failed to provide appropriate and reasonable supervision when:
1. The child has committed three (3) or more delinquent acts within a two (2) calendar year period, which events have been referred to the juvenile court; or
2. The person fails to undertake counseling requirements ordered by a juvenile court having jurisdiction over the child; or
3. The person fails to take meaningful and reasonable disciplinary or remedial action in response to prior delinquency acts of the child; or
4. The act or failure to act by the person demonstrates a wilful lack of commitment to prevent future delinquent acts by the child;
C. Solicits, requests, commands, encourages or intentionally aids or acts with the child in violation of any federal, state or local law; or
D. Aids, contributes to, or becomes legally responsible for the neglect, abuse or delinquency of the child; or
E. Wilfully abuses, neglects or abandons the child in any manner likely to cause the child unnecessary suffering or serious injury to his health or morals; or
F. Provides, encourages or permits the child to possess or consume an alcoholic beverage or a controlled substance. (1999 Code)
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