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Daytime Loitering and Truancy

Parents must also make sure that their children are attending school during school hours. It is unlawful under SDMC Sec. 58.05(b) for any juvenile who is subject to compulsory education to loiter in any public or unsupervised place, or on the premises of any establishment between the hours of 8:30 a.m. and 1:30 p.m. on any day when school is in session for the juvenile. And under SDMC Sec. 58.05(b)(3) it is unlawful for the parent of any juvenile to knowingly permit or by insufficient control to allow the juvenile to violate this daytime loitering ordinance. Parents will be warned the first time the juvenile is arrested. And they may be fined up to $1,000 and/or six months in jail for subsequent violations.

Also, after January 1, 2011 under Senate Bill (SB) 1317, parents of a child who is a chronic truant will be guilty of a misdemeanor punishable by a fine not exceeding $2,000, or by imprisonment in a county jail for a period not exceeding one year, or both. A chronic truant is defined as any pupil subject to compulsory education who is absent for ten percent or more of the schooldays in one school year.

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