T32CH13
Title 32 > T32CH13
Sections (1)
32-1301
TITLE 32 DOMESTIC RELATIONS CHAPTER 13 PARENT RESPONSIBILITY ACT 32-1301. Cities and counties may enact and enforce ordinances for failure to supervise a child. (1) Any county or city may by ordinance establish and enforce the offense of failure to supervise a child as provided in this section. (2) The ordinance may provide that a person who is the parent, lawful guardian with legal and physical custody or other person, except a foster parent, lawfully charged with the care or custody of a child under sixteen (16) years of age commits the offense of failure to supervise a child if the child: (a) Commits an act bringing the child within the purview of the juvenile corrections act, chapter 5, title 20 , Idaho Code, 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 chapter 5, title 20 , Idaho Code; or (b) Fails to attend school or is not comparably instructed, as provided in section 33-202 , Idaho Code; or (c) Violates a curfew law of the county or city enacting the ordinance authorized under this section. (3) (a) A person shall not be subject to prosecution under an ordinance containing the provisions of subsection (2)(a) of this section if the person: (i) Is the victim of the act bringing the child within the purview of the provisions of chapter 5, title 20 , Idaho Code; or (ii) Reported the act of the child to the local law enforcement agency, the juvenile court, the department of health and welfare or other appropriate authority as provided in the ordinance; (b) A person shall not be subject to prosecution under an ordinance containing the provisions of subsection (2)(a), (b) or (c) of this section if the person shows to the satisfaction of the court that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child. (4) Except as provided in subsection (5) of this section, the ordinance may provide that in a prosecution for failure to supervise a child the court may order the person to pay restitution to or make whole any victim who suffers an economic loss as a result of the juvenile’s conduct in accordance with the standards and requirements of sections 19-5304 and 19-5305 , Idaho Code, provided that the restitution ordered to be paid shall not exceed twenty-five hundred dollars ($2,500). (5) The ordinance may provide that when a child commits any of the acts set forth in subsection (2) of this section, the parent, lawful guardian with legal and physical custody or other person lawfully charged with the care or custody of the child may be charged, by citation or summons, with the offense of failure to supervise a child, unless the person with lawful custody is a foster parent. Upon a first offense, the officer may serve a copy of the ordinance upon the parent, lawful guardian with legal and physical custody or other person, other than a foster par