A. Title: This section shall be known as the OWYHEE COUNTY PARENTAL RESPONSIBILITY ORDINANCE.
B. Purpose: The purpose of this section is to provide law enforcement officials, school district officials, and other persons responsible for the health, safety and education of children with a method for assisting parents who are trying to provide well and care well for their children and a tool for holding accountable parents who are not making that effort.
C. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
CHILD: Any person under sixteen (16) years of age.
PARENT: Any person who is the parent, lawful guardian or other person lawfully charged with the care or custody of a child, except that this definition does not include a foster parent.
D. Failure To Supervise: A parent of a child commits the offense of failure to supervise a child if the child commits any of the following acts:
1. Commits an act bringing the child within the purview of the juvenile corrections act, Idaho Code title 20, chapter 5, or commits a crime for which the child is required to be tried as an adult, or for which jurisdiction under the juvenile corrections act is subject to waiver pursuant to Idaho Code title 20, chapter 5; or
2. Fails to attend school or is not comparably instructed as provided in Idaho Code title 33, section 33-202.
E. Exclusions: A parent shall not be guilty of violating this section if the parent demonstrates to a court of competent jurisdiction upon appearance before such court any of the following:
1. The parent is the victim of the act bringing the child within the purview of the juvenile corrections act, Idaho Code title 20, chapter 5; or
2. Prior to being charged with a violation of this section, the parent reported to a law enforcement agency, the juvenile court, the department of health and welfare, or other appropriate agency the act of the child which resulted in the charge brought under this section; or
3. The parent took reasonable steps to control the conduct of the child at the time the parent is alleged to have failed to supervise the child.
F. Violation:
1. First Offense: When a child commits any act set forth in subsection D of this section for the first time, the parent shall be advised by an officer of the sheriff's office of the content of this section and penalties for violation of this section. This advisement shall be made by serving a copy of this section upon the child and the parent. Documentation of this advisement shall be maintained by the sheriff.
2. Second And Subsequent Offenses: When a child commits any act set forth in subsection D of this section, after the child and parent have been warned pursuant to subsection F1 of this section, the parent shall be charged by issuance of a citation or summons with failure to supervise a child in violation of this section.
G. Penalty: If a parent pleads guilty or is found guilty of the offense of failure to supervise a child, the parent shall be declared guilty of a misdemeanor and shall be subject to the following penalty:
1. A fine of not more than one thousand dollars ($1,000.00), and/or completion of parenting classes or other treatment or counseling as defined by the court; and
2. The court may order the parent to pay restitution to or make whole any victim who suffers economic loss as a result of the child's act in violation of this section, in accordance with the standards and requirements of Idaho Code sections 19-5304 and 19-5305; provided, that the restitution ordered to be paid shall not exceed the amount of two thousand five hundred dollars ($2,500.00). (Ord. 00-01, 9-25-2000, eff. 11-1-2000)