A bill working its way through the V.I. Legislature would clarify the legal meaning of parental responsibility when it comes to holding parents and legal guardians partially accountable for the actions of the minors under their charge.
The bill says parents and guardians "shall have the duty to exercise reasonable care, supervision, protection and control," over a child under 18 who is under their care.
Assistant Human Services Commissioner Michal Rhymer-Charles testified to the Public Safety, Homeland Security and Justice Committee that the bill would be helpful to her agency because it clarifies existing parental responsibility.
The bill’s definitions and the mandate are important because they create a positive parental duty whose neglect would constitute a crime, she said. Existing laws are difficult to enforce at times because failing to take an action does not necessarily indicate criminal intent.
"An omission does not constitute a voluntary act in this sense, consequently there is no culpability where there is no duty," she said. And while punishment is likely to be very rare and fines may be counterproductive with some families who do not have the resources to pay, the power to hold parents accountable is nonetheless very valuable, she said.
"Professionals in the juvenile justice system have been frustrated over parents not cooperating with authorities, not attending their children’s court cases, not bringing their children to mandated counseling, not attending available parental skills courses and sometimes indicating to judges that since they, the parent, has no control, the judge should not give them any responsibility."
While supportive of the bill, Rhymer-Charles said legislation giving stiffer penalties for parents who keep children home for school would also be helpful. Some children stay home from school because they just don’t want to go and others because they have to stay home to care for other children, she said. Currently, V.I. law has a $20 a day fine, "with no escalation of the fine for egregious offenses," she said, suggesting higher fines and community service for repeat offenses.
The committee sent the bill on for consideration by the Rules and Judiciary Committee without dissent.
Voting yea were Sens. Terrence "Positive" Nelson, Patrick Sprauve, Wayne James and Sammuel Sanes. Sens. Alvin Williams, Shawn-Michael Malone and Celestino White were absent.
The committee also sent forward a bill to set up a separate commercial motor vehicle inspection system, with a schedule of fines and penalties for violations ranging from driving too many hours in a day to having an unopened alcoholic beverage in the car.
V.I. Bureau of Motor Vehicles Director Jerris Browne testified in support of the bill but suggested some technical and some more substantive amendments. In particular, Browne urged an amendment separating taxis and other passenger vehicles regulated by the V.I. Taxicab Commission and not treating them as commercial vehicles.
Taxis and safari buses are already inspected for safety, Browne said. But the rules are somewhat different from either private automobiles or commercial trucks, he said. "We require taxis to have a fire extinguisher on hand, for example," he said. Commercial licensing is largely designed around complying with new federal laws and regulations concerning the security of hazardous cargo, not passenger vehicles, he said. Meanwhile, taxis are inspected by the BMV with a list put together in conjunction with the Taxicab Commission.
"They are in a class by themselves but they are not getting a free ride," Browne said.
The bill was sent out of committee without dissent. Sen. Usie Richards, the bill’s sponsor, said Browne’s suggestions would be incorporated into an amendment he would offer when the bill is taken up for consideration by the Rules and Judiciary Committee.
