Kids might be bored due to COVID-19, but curfew laws will be enforced

The Stay-at-Home mandate due to COVID-19 has changed everyone’s life, but there are still rules in place that still need to be adhered to: Especially curfew laws for juveniles.

The Brazil Police Department reports calls about people out wandering around in groups - not following social distancing - are occurring on a nightly basis during the recent pandemic. Officials say the current data has not been compared to last year at the same time. Still, there is an undeniable feeling of heightened stress and anxiety for everyone involved as officers respond to calls for service.

“It’s a noticeable increase,” said Assistant Police Chief Dennis Archer recently. “It’s not a safe world out there anytime, and now the Coronavirus makes it even worse.”

Archer says teenage rebellion isn’t new, especially when school lets out for summer break.

“No one expected anything like this to happen, and for kids to be out of school for six months,” said Archer, who admits juveniles have been climbing out bedroom windows to hang out with friends for years. “But this is a whole new situation for parents to handle. It’s not just about bad choices now; it’s about your child, and ultimately the health of your whole family, and the community.”

Reports of runaways are also escalating. Archer confirms reports typically go up during school breaks throughout the year. But, with six months of no school and potentially having to stay home without regular contact with friends and social activities, officials are concerned.

“Parents with essential jobs are doing the best they can while continuing to work with limited to no childcare available,” said Archer about difficult decisions many families are facing, whether it’s ok to leave children home alone yet. “Parents really should take the time to discuss personal responsibility and safety issues with children.”

If parents decide their child/children can stay home alone, Archer said it is vital to discuss family rules, and the fact there are laws at the city and state levels about juvenile behavior.

“While the city had an ordinance about a curfew, it just mirrored the state code,” said Archer. “Parents need to understand the state code has more teeth to it, and it is what we will enforce.”

Indiana Code 31-37-3-2 allows a law enforcement officer - after making a reasonable determination while considering the facts and circumstances surrounding a child out past curfew - to write a citation or detain a minor child without a legal guardian present who is:

• Age 15 or younger in a public place between 11 p.m.-5 a.m. on any day of the week,

• Age 16 or 17 in a public place from 11 p.m.-5 a.m. Sunday through Friday, and

• Age 16 or 17 in a public place between 1-5 a.m., Saturday or Sunday.

The code allows for a minor to be out past the state-designated curfew if with a parent or guardian; or participating in, going to or returning from gainful employment; attending a school- or parental-sanctioned event; a religious, government or non-profit event; involved in an emergency or is legally emancipated.

The City of Brazil also has an ordinance that defines the following as “PUBLIC PLACES:” Including but not limited to streets, highways, roads, alleys or parking lots, transportation facilities, parks, theaters, restaurants, shops, bowling alleys, schools and school grounds, museums, playgrounds, places of business and amusement, swimming pools, cemetery, community centers, YMCA, hospitals, office buildings, governmental buildings and property and any other areas that are open to or accessible to the public. Many of these places have been closed due to COVID-19 and scheduled to open in the upcoming weeks.

Curfew restrictions are not optional for parents with children 17 or younger, who should be home at or before the established curfew begins.

Officials confirm there are cases when parents, for whatever reason, are not doing their due diligence to keep track of where their underage children are. Without proper supervision, some children find themselves in difficult situations. This can potentially create patterns of bad choices and behavior in children due to that neglect, which leads to potential court proceedings for the family.

Officials said juveniles cited in violation of the state curfew law are referred to the Clay County Prosecutor’s Office. The case is then forwarded to Juvenile Probation and Clay Circuit Court for what is called an “informal adjustment.” Juveniles may be placed on informal probation for up to three months, ordered to serve 8-16 hours of community service, and ordered to pay administrative costs set by the court.

Archer said each juvenile case is handled on an individual basis. Each officer can use their discretion whether to write a citation for a curfew violation or ensure the child is safely returned home to parents or a legal guardian.

“We are not going to arrest a child for being out past curfew. They are not going to jail,” said Archer, who urges parents to discuss with their children that all parks are closed to the public during dusk to dawn, which is another potential violation. Archer also explained the parks are being patrolled more heavily during the recent pandemic to ensure public safety. “However, we are going to ensure a child’s safe return home.”

Residents reporting a potential curfew violation need to call the Clay County Sheriff’s Department Dispatch Center at (812)446-2535 Ext. 5. Be prepared to provide information about the location where they witness juveniles out past curfew to authorities.