068 of 1995 - Failure to Supervise a Child0 95-1
0 95-34
SALT LAKE CITY ORDINANCE
No. 68 1995
(Failure to Supervise a Child)
AN ORDINANCE ENACTING SECTIONS 11.60.010 THROUGH
11.60.060, OF THE SALT LAKE CITY CODE, RELATING TO FAILURE
TO SUPERVISE A CHILD.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Sections 11.60.010 through 11.60.060
be added to the Salt Lake city Code. These sections relate
to a parent or guardian failing to supervise a child, and
the same are enacted to read as follows:
FAILURE TO SUPERVISE A CHILD
11.60.010 Intent/Purpose.
The increasing number of criminal episodes committed by
children is a negative reflection of our society's attention
to family stability, and demonstrates the breakdown of
meaningful parental supervision of children. Those who
bring children into the world or assume a parenting role,
but fail to effectively train, guide, teach and control
them, should be accountable at law. Those who need
assistance and training should be aided. Those who neglect
their parenting duties should be encouraged to be more
diligent through criminal sanctions, if necessary. This Act
should be construed to achieve these remedial objectives.
11.60.020 Failure to Supervise Child.
A person commits the offense of Failing to Supervise a
Child or Tending to Cause the Delinquency of a Child, if the
person:
A. Is the parent, lawful guardian, or other person
over the age of 18 years who is lawfully charged with the
care or custody of a child, which adult person resides
within the corporate limits of the City; and
B. Fails to provide appropriate and reasonable
supervision of the child; or who aids, contributes or
becomes responsible for the neglect, abuse, or delinquency
of the child. For purposes of this section, a person is
responsible for the delinquency of a child or has failed to
provide appropriate and reasonable supervision when:
1. The child has committed three or more
delinquent acts within a two calendar year period,
which events have been referred to the juvenile court;
or
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2. The person fails to undertake counseling
requirements ordered by a juvenile court having
jurisdiction over the child; or
3. The person fails to take meaningful and
reasonable disciplinary or remedial action in response
to prior delinquent acts of the child; or
4. The act or failure to act by the person
demonstrates a willful lack of commitment to prevent
future delinquent acts by the child;
C. Solicits, requests, commands, encourages or
intentionally aids or acts with the child in violation of
any federal, state or local law; or
D. Aids, contributes to, or becomes legally
responsible for the neglect, abuse or delinquency of the
child; or
E. Willfully abuses, neglects or abandons the child
in any manner likely to cause the child unnecessary
suffering or serious injury to his/her health or morals; or
F. Provides, encourages or permits the child to
possess or consume an alcoholic beverage or a controlled
substance.
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11.60.030 Affirmative Defenses.
In a prosecution under this chapter, it shall be an
affirmative defense that the person charged:
A. Is a direct victim of that act or conduct which
resulted in the child being subject to the jurisdiction of
the juvenile court; or
B. Reported the act or event to appropriate
governmental authorities at or near the time the child
committed the wrongful or delinquent act or conduct; or
C. Provided reasonable and appropriate supervision to
the child, under the totality of the circumstances. In
assessing the reasonableness or appropriateness of the
person's supervisory actions, the court will consider:
1. The severity of the offense committed by the
child;
2. The number of prior offenses committed by the
child;
3. The person's knowledge of the child's
wrongful conduct or behavior;
4. The discipline, counseling or other remedial
measures taken by the person, after obtaining knowledge
of the wrongful behavior of the child; and
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5. Any other action by the person which
demonstrates a reasonable commitment and effort to
prevent future delinquent or wrongful conduct, behavior
or acts by the child.
11.60.040 Child's Conviction Not Required.
It shall not be necessary to obtain an adjudication of
delinquency, a conviction or otherwise establish that the
child became a delinquent or committed delinquent acts, in
order to obtain the conviction of a person under this
chapter.
11.60.050 Definitions.
For purpose of this chapter, the following words or
phrases have the following meanings:
A. "Child" is an unemancipated minor, under the age
of 18 years.
B. "Delinquent Act" is an act or criminal episode
which, if committed by an adult, would be a Class A or B
misdemeanor or a felony; however, it does not include minor
traffic offenses or other misdemeanors not involving moral
turpitude.
C. "Person" is a natural parent; adoptive parent;
legal guardian, by virtue of a judicial order; or other
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person over 18 years of age who has assumed the parenting
role over a child by marriage or custom and practice.
11.60.060 Penalty/Counseling.
Violation of this ordinance is a Class B misdemeanor.
To fulfill the primary objective and purpose of this Act, it
is the legislative intent that:
A. upon a first conviction under this ordinance, the
court sentence the Defendant to complete a program of
appropriate counseling.
B. upon a second conviction under this ordinance, the
court sentence the Defendant to perform not less than 100
hours of community service, and to complete a program of
appropriate counseling
SECTION 2. Effective Date. This ordinance takes
effect on its first publication.
Passed by the City Council of Salt Lake City, Utah,
this 19th day of September
ATTEST:
IEF EPUTY CITY' RECORDER
, 1995.
CHAIRPERSON
tu'p'kOVE A5 10 e4)Itlrl .cam.
Maignn>J
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Transmitted to the Mayor on
September 20, 1995
Mayor's Action: =Approved
ATTEST:
CHIEF DEPUTY CITY RECORDER
Bill No.
Published:
68
MAYOR
of 1995.
September 27, 1995
G:\ORDINA95\1160010B.831
Vetoed
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