No Need to Fear Daytime Curfews

The fear of parents who believe the daytime curfew is unconstitutional is misplaced and unjustified. They do not have a full understanding of current law and the reasons why there should be a new law. (Last June, police chiefs and school officials announced they would push for a countywide daytime curfew ordinance to curb truancy. A number of cities, including Huntington Beach, are considering one.)

First, children will not be stopped and detained for questioning about their truancy while in the presence of their parents or other responsible adult. That does not ever occur unless there are unusual circumstances to indicate that the minors are not attending any school whatsoever. But this type of situation is a rare case. It only occurs when we’ve received prior information about the minor’s nonattendance and find the minor sitting around at home.

The typical sighting of a truant by law enforcement officers occurs when they are seen during school hours, most often between 8:30 a.m. and before lunch, at arcades, skateboard parks, coffee shops and shopping centers near the school they attend. Sometimes we catch juvenile burglars after seeing them during school hours roaming a residential neighborhood.

We do find students who have different school hours because they are in continuation high school, alternative education programs, or home schooling. However, a couple of questions or even a telephone call to parents or their school resolves the matter. Rarely, if ever, do we find a “home schooler” under these circumstances.

The law will not require officers to stop all school-age children even in the presence of their parents. The current law under the Welfare and Institutions Code presently allows police to stop and question any minor, during school hours, for questions regarding possible truancy. Thus, there is no change in the law in that regard. Presently, we do stop minors who we believe are truants and inquire as to their school status.

In actuality, officers see thousands of children daily, in the presence of their parents, especially if the city is one with a high tourist attraction like Anaheim, Buena Park, Newport Beach and Huntington Beach.

What will change is that truants and their parents will be held accountable for making sure their sons and daughters attend school. Currently, when a minor is stopped and it is determined that they do not have parental consent to be out of school, they are returned to the school’s supervisory office. No matter how poor their attendance may be, nothing can be done to keep them in school and off the streets. Parents often beg us for help.

Our conscientious students are rarely found to the rear of local shopping centers and parks loitering around during school hours smoking whatever and “hanging out.” Those who loiter are the kids at risk who need outside intervention because their parents can’t control them.

Children in the company of their parents, for whatever reason, are not the targets of this law. There will never be any task forces raiding tourist attractions such as Disneyland and Knott’s Berry Farm, looking for truants. We are only concerned with the ones at risk of failure.