NCJ Number
155663
Journal
Journal of Juvenile Law Volume: 15 Dated: (1994) Pages: 79-93
Date Published
1994
Length
15 pages
Annotation
Section 272 of the California Penal Code prohibits any act or omission of an act which causes or tends to cause a juvenile to become a ward of the juvenile court; in other words, it forbids contributing to the delinquency of a minor.
Abstract
In 1988, the Section was amended so that parents or legal guardians of minor children had the responsibility to exercise reasonable care, supervision, and control over their children. The State later tried to enforce this statute against the mother of a suspected gang member. A taxpayer's suit initially succeeded in having the amendment declared unconstitutionally vague by the California Court of Appeal, but the State Supreme Court later disagreed and reinstated the amended statute. After reviewing the history of the parental responsibility statute, the controversy which surrounded the initial attempt to enforce Section 272, and the relevant court rulings, the author argues that the Supreme Court decision, which clarifies that a violation of Section 272 requires traditional criminal negligence on the part of a parent, is sound and should rest the unease which surrounded initial use of the amended statute. 94 notes