(A) A parent who has parental rights and responsibilities for the care of a minor and is the residential parent and legal custodian of such minor, a guardian who has custody of such minor, or other custodian of such minor, is charged with the control of the minor and shall have the power to exercise parental control and authority over the minor.
(1) It shall be unlawful for a parent, legal custodian, legal guardian, or other person lawfully charged with the care of a minor, to fail to supervise such minor.
(2) Parental responsibility to supervise such minor and exercise parental control with regard to such minor includes, but is not limited to, the following duties:
(a) To keep illegal drugs out of the home and out of possession of such minor, except those drugs duly prescribed by a licensed physician or other authorized medical professional;
(b) To exercise and have in place reasonable controls so as to prevent such minor from maliciously or willfully damaging, defacing or destroying real or personal property belonging to others, including real or personal property of the city;
(c) To exercise and have in place reasonable controls so as to prevent such minor from engaging in theft of property or keeping in his or her possession property known to be stolen;
(d) To exercise and have in place reasonable controls so as to prevent such minor from engaging in violent or assaultive behavior directed at persons.
(3) An adjudication that a minor has been found a “delinquent child,” as defined in R.C. § 2151.02 for criminal conduct other than that which would lead to a “status” crime violation, such as a curfew or truancy violation, or has been found guilty of a criminal conviction when said minor has been tried as an adult, shall be prima facie evidence that said parent or guardian failed to supervise the minor.
(B) This section shall not apply to public children’s services agencies as defined in R.C. § 2151.011, or to foster parents.
(C) In a prosecution of a person for failing to supervise a minor under division (A) of this section, it is an affirmative defense that the person:
(1) Is the victim of the act that brings the minor within the jurisdiction of the juvenile court, or
(2) reported the act to the appropriate authorities, or
(3) is charged with the parental control and authority over a minor who is a “mentally retarded person” or a “developmentally disabled person” as these terms are defined in R.C. § 5321.01.
(Ord. 7356, passed 4-22-97; Am. Ord. 2019-088, passed 10-22-19)