Text: HF00526 Text: HF00528 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 299.13 TRUANCY – DELINQUENT
1 2 ACT.
1 3 A child who has reached the age of twelve and is under the
1 4 age of sixteen, who has run away from home to avoid attending
1 5 school, or who is refusing to attend school, or who has been
1 6 deemed truant fifteen or more school days in one school year,
1 7 and whose child's parent, guardian, or legal or actual
1 8 custodian and school officials have made reasonable efforts to
1 9 cause the child to attend school, shall have committed a
1 10 delinquent act and is subject to the applicable provisions of
1 11 chapter 232. A complaint under section 232.28 alleging that a
1 12 child has committed a delinquent act under this section shall
1 13 only be filed by the parent, guardian, or legal or actual
1 14 custodian of the child. It is a defense to a petition
1 15 alleging delinquency under this section that the child was
1 16 absent from school to escape sexual abuse, physical abuse,
1 17 neglect, or criminal activity by the minor's parent, guardian,
1 18 or legal or actual custodian.
1 19 Sec. 2. CONTINGENT EFFECTIVENESS. This Act shall not take
1 20 effect unless an appropriation is enacted or the state's share
1 21 of the cost of this Act is specified in accordance with
1 22 section 25B.2, subsection 3.
1 23 EXPLANATION
1 24 This bill provides that a child age 12 through 15 shall
1 25 have committed a delinquent act if the child has run away from
1 26 home to avoid attending school, or is refusing to attend
1 27 school, or has been deemed truant 15 or more school days in a
1 28 school year, and whose child's parent, guardian, or legal or
1 29 actual custodian and the school officials at the school in
1 30 which the child is enrolled have made reasonable efforts to
1 31 cause the child to attend school.
1 32 Under the bill, only parents, guardians, or legal or actual
1 33 custodians may file a complaint alleging a delinquent act
1 34 under this provision. Also, it is a defense to a truant child
1 35 complaint that the child was absent from school to escape
2 1 physical abuse, sexual abuse, neglect, or criminal activity by
2 2 the child's parent, guardian, or legal or actual custodian.
2 3 This bill may contain a state mandate under chapter 25B.
2 4 The bill contains a contingent effectiveness provision which
2 5 states that the bill shall not take effect unless the state
2 6 complies with the state mandate funding requirements of
2 7 section 25B.2, which requires funding for the cost of the
2 8 state mandate to be provided or specified.
2 9 LSB 2659HH 77
2 10 kh/jj/8
Text: HF00526 Text: HF00528 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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