Oregon Statutes 163.577 – Failing to supervise a child
(1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:
Terms Used In Oregon Statutes 163.577
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS § 419C.005;
(b) Violates a curfew law of a county or any other political subdivision; or
(c) Fails to attend school as required under ORS § 339.010.
(2) Nothing in this section applies to a child-caring agency as defined in ORS § 418.205 or to foster parents.
(3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:
(a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or
(b) Reported the act to the appropriate authorities.
(4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense 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.
(5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS § 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.
(b) The amount of restitution ordered under this subsection may not exceed $2,500.
(6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:
(a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.
(b) May not order the person to pay restitution under this section.
(7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person’s completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.
(b) There may be only one suspension of sentence under this subsection with respect to a person.
(8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.
(9) Failing to supervise a child is a Class A violation. [1995 c.593 § 1; 1999 c.1051 § 154; 2003 c.670 § 5; 2005 c.564 § 8]
163.577 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.