A Measure of Last Resort for Juveniles’ Misbehavior: Accountability Enforcement Exists in City Code of Ordinances

The “teen takeovers” and youth disruption our community has seen in recent days is not what any of us as parents, residents, or community members want to see. Certainly, groups of young people gathering at a mall or a park on a nice day isn’t illegal or nefarious, but the resulting fights, gunshots, and other disruptions shouldn’t be and are NOT acceptable.

Parents and legal guardians must step up and engage their children in a proactive way. Know where your children are, and what they are up to as summer approaches. If they have time to fill, talk to them about the many, many options available to them. Because at the end of the day, a young person’s continued misconduct can cause repercussions for their parents.

Section 106-23.5 of the Milwaukee Code of Ordinances (attached) clearly outlines parental responsibility for misconduct of juveniles, and the potential for subsequent penalties. The ordinance states that, “any custodial parent of a juvenile who is convicted of ordinance violations two times within a 6-month period or three or more times within a 12-month period is guilty of failing to properly supervise the juvenile where the violations were a foreseeable consequence of the breach of the duty.” Forfeiture for such a violation can range from $200 – $400.

This is certainly not a measure that the city should want to enforce, nor am I advocating that be the case at this moment. However, it is worth a reminder that parents can be held accountable for the actions of their children, and should be even more reason for us to engage young people now to find ways to subvert this ongoing issue.

Addendum

106-23.5. Parental Responsibility for Misconduct of Juveniles.

1. PURPOSE. The purpose of this section is to require proper supervision on the part of custodial parents in order to reduce the number of ordinance violations by juveniles from occurring.

2. DEFINITIONS. In this section:

a. “Custodial parent” means a parent or legal guardian of a juvenile who has custody of the juvenile.

b. “Custody” means either physical custody of a juvenile under a court order under s. 767.225 or s. 767.41, Wis. Stats., custody of a juvenile under a stipulation under s. 767.34, Wis. Stats., or actual physical custody of the juvenile. Custody does not include legal custody, as defined under s. 48.02(12), Wis. Stats., by an agency or a person other than a juvenile’s birth or adoptive parent. In determining which parent has custody of a juvenile for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the juvenile at the times that the juvenile’s ordinance violations occurred.

c. “Juvenile” means any person less than 17 years of age.

d. “Parental responsibility” means a custodial parent of a juvenile residing with such custodial parent shall meet his or her duty to supervise the juvenile.

3. PROHIBITED CONDUCT.

a. It shall be unlawful for the custodial parent of a juvenile to not properly supervise the juvenile. Any custodial parent of a juvenile who is convicted of ordinance violations 2 times within a 6-month period or 3 or more times within a 12-month period is guilty of failing to properly supervise the juvenile where the violations were a foreseeable consequence of the breach of the duty, in that:

a-1. The parent aided or abetted the juvenile during an act forming the basis of a violation; or

a-2. The parent acted or failed to act to impose reasonable supervisory controls on the juvenile that made the violation foreseeable.

b. The 6 and 12-month periods shall be measured from the date of the first conviction. Adjudication in the court that the juvenile has violated an ordinance shall bar a juvenile’s custodial parent from denying that the juvenile committed the violation.

4. DEFENSE OF PARENT. The following shall be among the defenses to a violation of sub. 3 where proven by the parent by clear and convincing evidence:

a. The parent was not legally responsible for the supervision of the juvenile at the times the juvenile’s ordinance violations occurred.

b. The parent had a physical or mental disability or incompetence rendering him or her incapable of supervising the juvenile at the times the juvenile’s ordinance violations occurred.

c. The parent had reported to the appropriate authorities the juvenile’s ordinance violations at the times the violations occurred or as soon as the parent learned of the violations.

d. The parent is the victim of the acts underlying the juvenile’s ordinance violations.

e. A competent physician or licensed psychologist had diagnosed the juvenile before the times the juvenile’s ordinance violations occurred as suffering from a mental disorder that renders parental supervision and control ineffective.

f. The parent can provide specific evidence of on-going participation in or recent completion of parenting classes, family therapy, group counseling or AODA counseling which includes the parent or family.

5. PENALTY. A person who is convicted of violating sub. 3 shall forfeit not less than $200 nor more than $400, and in default of payment thereof shall be imprisoned in the house of correction or the county jail not more than 16 days.

NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. While it is believed to be reliable, Urban Milwaukee does not guarantee its accuracy or completeness.

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