Your Child and the Law

Dear Parents and Youth,

It is important that both parents and youth be aware of the consequences connected with violations of the law. This brochure provides you with information regarding law violations that often bring young people into contact with the police and the court system.

There are consequences for violations of the law. Your child’s age determines whether the juvenile court or local and county criminal courts have jurisdiction.

We urge you to take a few moments to become familiar with the information included here.

The Royal Oak Community Coalition and the Royal Oak Police Department are striving to create a safe, substance abuse free environment within which our youth may achieve their maximum potential. Do not hesitate to contact us if we can assist you or your family in any way.

Further Information

Raising a child in today’s world is difficult. Children may experience various emotional and behavioral problems as they grow.

It is important to intervene early when problems are most easily solved. Some resources to consider are: school counselors and social workers, clergy, community counseling services, the school Student Assistance program, and self-help groups such as Alcoholics Anonymous, Alanon and Families Anonymous.

Other community resources are:

Parental Responsibility Ordinance

In Royal Oak, this ordinance requires parent(s) of a child (under 17) to exercise reasonable control over their child to prevent them from committing any delinquent act. Civil fines ranging from $100 - $500. For a look a the complete ordinance check here: Ordinance 2006-10.

Youth and the Law

CHILDREN UNDER 17 YEARS

• Considered a minor.
• Under the jurisdiction of the Juvenile/Probate Court. The Court’s purpose is to help young people through applied guidance and control.
• Depending on the offense and past delinquency record, police and prosecutors make a determination whether to petition the court or apply diversion, allowing the juvenile to be placed in counseling and community service.
• Royal Oak Police Department will notify parents if their child is arrested.

17 YEARS OR OLDER

• Considered an adult.
• Juvenile procedures do not apply.
• The Police Department may notify parents when 17 year old child is arrested.

18 YEARS OR OLDER

• Parents are no longer civilly or criminally responsible for their child.

JUVENILES MAY BE TREATED AS ADULTS

Juveniles as young as 14 years of age may be tried as an adult and given an adult sentence for serious crimes like:

• Murder
• Arson
• Attempted Murder
• Crimes that inflict serious injury
• Possession of 650 grams of narcotics

Curfew

• 16 years of age and under: 10:30 pm - 5 am.
• Minors are not allowed on public streets or in public places such as parks during curfew hours.
• Exceptions include:
  1) when the minor is accompanied by a parent or other family member who is at least 18 years of age;
  2) when coming from a school, church or civic function attended with parental permission;
  3) in the course of employment.
• The minor can be petitioned to juvenile court for violating curfew.
• Parents can be issued a Parental Responsibility Citation for child’s curfew violation. (90 day Misdemeanor/$500 fine)

Explosives and Firearms

• A firearm includes any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.
• It is unlawful to manufacture, possess, provide or detonate any type of homemade or acquired explosive device or make a threat to do so.
• It is unlawful to discharge any firearm, air rifle, air pistol or bow and arrow in the city except when lawfully acting in defense of persons or property.
• It is unlawful for anyone under 18 years of age to use or possess any gun designed or manufactured for propelling BB’s, pellets, or paint outside of their domicile, unless accompanied by a parent and used in an indoor range.

False Identification

• A person under 21 years of age using, altering or providing false identification for use in purchasing alcoholic beverages is guilty of a
  misdemeanor.
• Possessing an altered driver's license is also a misdemeanor. Driver's license will be suspended.

Alcohol

• It is unlawful for anyone under 21 years of age to purchase, possess or consume alcohol. Even if alcohol is detected on the breath, the minor can be in violation.
• It is unlawful to provide alcohol to a minor, and a person may be sued for the resulting actions of the minor.
• Zero tolerance for drivers under 21 years of age; the blood alcohol content (BAC) cannot exceed .02%.

New State Law Mandate

• If a child is convicted of using drugs or alcohol while on school grounds, State Law mandates that the violation stays on the child’s criminal record for 10 years and this makes the child ineligible for state scholarships and financial aid.

Alcohol or Drugs at Social Gatherings

• It is unlawful to host or allow a social gathering where illegal drugs are present or alcohol is in use by anyone under 21 years of age.
• Parents may face criminal and civil liability, even if not present.
• City ordinance allows officers to enforce excessive noise and disorderly behavior violations.

Controlled Substance

• It is unlawful to possess, in any shape or form, marijuana, cocaine, LSD, heroin, etc. or any drug not prescribed by a licensed physician.
• Added penalties apply if the offense occurs within 1,000 feet of a school or park.
• Vehicles and property may be forfeited.
• Minors may face driver's license suspension even if a vehicle is not involved.

Incorrigibility/Truancy

• Minors must obey parents/guardians and follow house rules.
• Minors must attend school.

Loitering

• Remaining in an area with no obvious reason so as to obstruct free and uninterrupted flow of public.
• No one can be on school grounds without permission from school administrators, unless they have an appointment or a child enrolled at that school.
• A student who is given an out-of-school suspension can not be on school grounds.

Malicious Destruction of Property

• Intentionally damaging public or private property belonging to another.

Rollerbladding / Skateboarding

• The operator of a skateboard or rollerblades is prohibited in the downtown business area/Civic Center area. The skateboard may be impounded. Infractions will be a civil infraction in violation of local ordinances.

Mopeds

• Driver must be 15 years of age and possess a valid moped or automobile driver's license.
• The driver must have a valid registration sticker and possess the registration form.
• No passengers are allowed, even if there is a passenger seat.
• Moped riders under 18 years of age must wear a Department of Transportation (DOT) approved helmet.
• The driver may only operate the moped in the street and must obey all traffic laws.
• Go-Peds are illegal and cannot be ridden in Royal Oak.

School Behavior

• If a student’s acts, words, conduct, or mere presence diverts persons from instructional programs, the student has committed a misdemeanor
  violation.

If you have any questions, please feel free to call (248) 246-3424.