Sec. 94-185. Parental responsibility.
(a) For purposes of this section, a parent or legal guardian to any person under the age of 18 years who is residing with the parent or legal guardian shall have the duty to exercise care, supervision, protection, and control over their minor child in the context of gang activity.
(b) For purposes of this section, a parent or legal guardian will be deemed to have violated this section if his or her conduct is determined to reflect a reckless disregard to the conduct of a minor child in the context of gang activity as defined by this division. A person acts "with reckless disregard" when he or she consciously disregards a substantial and unjustified risk that a result will occur or that a circumstance exists. Furthermore, a prosecution of this section shall be predicated upon proof beyond a reasonable doubt that the parent or legal guardian knew or should have known that his or her conduct was likely to result in their minor child coming within the purview of this division. The parent or legal guardian shall have the affirmative defense of an inability to control the minor child despite reasonable efforts to do so.
(c) In determining whether prosecution of a parent or legal guardian under this section is appropriate, the city attorney's office may consider the following criteria:
(1) Review of a detailed description and relevant police reports which state the acts or circumstances which have brought a minor child within the purview of this division.
(2) The number and type of warnings given to the parent or legal guardian and by whom.
(3) Whether any parenting programs have been offered to the parent or legal guardian.
(4) The statements and attitude of the parent or legal guardian and the minor child during the investigation. Every effort should be made to thoroughly interview the parent or legal guardian concerning the alleged delinquency problem and their efforts to correct it. Miranda warnings should be given when appropriate.
(5) The parent's or legal guardian's present actual ability or inability to supervise and control the offending minor child. Identify whether there are any circumstances beyond the control of the parent or legal guardian that may contribute to an inability to effectively supervise and control.
(6) The experience and training of officers involved in the investigation.
(7) Neighborhood complaints or other corroboration of the problem with the minor child and the parent or legal guardian.
(d) The city attorney shall be empowered to utilize, during the plea bargain process in the municipal court during any sentencing for a violation of this section, the mandatory attendance of a parent or legal guardian at a parental responsibility training program administered through the state department of social services. If mandatory attendance of a parent or legal guardian is provided as a component of either a plea bargain or a sentence upon conviction of this section and the parent or legal guardian fails to successfully complete such training, the municipal court may subject the parent or legal guardian to the contempt sanctions of the court. (Code 1979, § 27-173.5)