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Parental Responsibility Ordinance

Parental Responsibility Ordiance
City of Detroit Code:

ARTICLE VI. PARENTAL RESPONSIBILITY

Sec. 33-6-1. Definitions.
As used in this article:
Delinquent acts means those acts which violate the laws of the United States, or the statutes of the state or the ordinances of the city or those acts which would cause or tend to cause the minor to come under the jurisdiction of the juvenile division of the probate court as defined by MCLA 712A.2, but does not include traffic violations.
Illegal drugs means controlled substances obtained without a legal prescription.
Juvenile delinquent means those minors whose behavior interferes with the rights of others or menaces the welfare of the community. Minor means any person under the age of seventeen (17) years residing with a parent.
Parent means mother, father, legal guardian and any other person having the care or custody of a minor or any person acting in the parent's stead who has custody or control of the child.
(Code 1964, § 36-5-1; Ord. No. 9-87, § 1, 3-25-87)
Cross references: Definitions and rules of construction generally, § 1-1-2.

Sec. 33-6-2. Parental duties.
(a) It is the continuous duty of the parent of any minor to exercise reasonable control to prevent the minor from committing any delinquent act.
(b) Included (without limitation) in this continuous duty of reasonable parental control are the following parental duties:
(1) To keep illegal drugs or illegal firearms out of the home and legal firearms locked in places that are inaccessible to the minor;
(2) To know the city's curfew law and to require the minor to observe the curfew law;
(3) To require the minor to attend regular school sessions and to forbid the minor to be absent from class without parental or school permission;
(4) To arrange proper supervision for the minor when the parent must be absent;
(5) To forbid the minor from keeping stolen property, illegally possessing firearms or illegal drugs, or associating with known juvenile delinquents, and to seek help from appropriate governmental authorities or private agencies in handling or controlling the minor, when necessary; if it becomes known to the parent that the minor possesses stolen property, legal or illegal firearms, illegal drugs, or is associating with known juvenile delinquents.
(c) Penalties for the nonperformance of parental duties are set forth in section 33-6-4 of this article.
(Code 1964, § 36-5-1; Ord. No. 9-87, § 1, 3-25-87)
Cross references: Curfew, § 33-3-1 et seq.

Sec. 33-6-3. Notification of parents; record of notification.
(a) Whenever a minor is arrested or detained for the commission of any delinquent act within the city, the parent of the minor shall be immediately notified by the police department advising the parent of such arrest or detention, the reason therefore and the parent's responsibility under this article.
(b) A record of such notifications shall be kept by the police department.
(Code 1964, § 36-5-2; Ord. No. 9-87, § 1, 3-25-87)

Sec. 33-6-4. Parental violation and penalty.
(a) If a minor commits a delinquent act, the parent shall be guilty of a violation of this article if it is proven that any act, word, or nonperformance of parental duty by the parent encouraged, contributed toward, caused, or tended to cause the commission of the delinquent act by the minor.
(b) Upon the first conviction of a violation of this article, the parent shall be subject to a fine of not less than seventy-five dollars ($75.00) nor more than one hundred dollars ($100.00).
(c) Upon the second conviction of a violation of this article, the parent shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) and, in addition, be sentenced to probation upon the condition that the parent participate in, through completion, a court approved, community based treatment program (such as parenting skills, family services, employment and training, etc.) or, in the discretion of the court, be confined to the county jail for a period of not less than fifteen (15) days nor more than thirty (30) days.
(d) Upon the third or subsequent violations, the parent shall be subject to a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00), and in the discretion of the court, confinement in the county jail for a term of not less than fifteen (15) nor more than ninety (90) days or sentenced to probation upon the condition that the parent participate in a government sponsored mandatory work program (alternative sentencing) for the duration of the sentence.
(e) The formula for alternative sentencing shall be comprised of a number of days of a required sentence; however, the sentence to the community self help or work program shall be upon the condition that if the violator fails to comply with the rules of the designated program, the sentence to the program shall be revoked and the violator shall actually serve a required jail sentence.
(Ord. No. 9-87, § 1, 3-25-87)