Thu Sep 02 2010
by Tim Troglen
Reporter
Maple Heights -- A question pondered in the city and courts in 2007 may finally be answered once and for all in the new year.
Can a parent be held responsible for their child's crimes?
Officials are awaiting a decision pending in the 8th District Court of Appeals on whether the city's parental responsibility law is unconstitutional.
The law, passed in 2006 by Council, has been challenged by Thelma Ephraim after her 17-year-old son led police on a high-speed chase Sept. 22, 2006, through the streets of Maple Heights.
The boy was charged in juvenile court, and Ephraim was issued a citation Nov. 15 for allegedly violating the parental responsibility law.
According to the law, parents can be charged with a minor misdemeanor for the first offense their child commits, which means a court summons, along with parenting classes.
The second offense is a fourth-degree misdemeanor, which is punishable by 30 days in jail and a $250 fine, while the third offense gets bumped to a first-degree misdemeanor, which carries up to 180 days in and a $1,000 fine.
The ordinance also allows the court to sentence parents to pay up to $3,000 in restitution for their child's criminal actions.
Ephraim filed a motion to dismiss her charge Feb. 16 in Garfield Heights Municipal Court, asking Judge Jennifer Weiler to drop the charge.
According to Ephraim's attorney, Ronald Balbier, holding parents criminally responsible for the action of their children is "unconstitutional."
The Garfield Heights Municipal Court agreed with Balbier June 29 and dismissed the charge.
The city filed an appeal with the 8th District Court of Appeals Sept. 21. The law remains on the books.
E-mail: TTroglen@recordpub.com
Phone: 330-688-0088 ext. 3165
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