Court Says Iowa Cities Can’t Punish Parents for Their Children’s Crimes

Sunday, November 21, 2010
Davenport City Council
Parents in Iowa cannot be punished if their children break the law, ruled the state Supreme Court on a bad-parenting local ordinance. In 1999, the city of Davenport adopted a law promoting parental responsibility that allowed police to cite adults if their offspring got into trouble. A first offense led to a warning; a second offense required a parent to complete a parenting skills class; and a third offense was punishable by a fine of up to $750.
 
Anne Hensler, a registered nurse and the single mom of Nicholas Hensler, an honor student whose behavior had changed after the death of his grandmother, who had helped raise him. In late 2007, Nicholas was twice arrested for possession of marijuana. Anne Hensler received two citations. Nicholas Hensler was picked up a third time. His mother took a parenting class called “Love and Logic,” but then she challenged the law. She won her case before a trial court, and the state Supreme Court upheld the ruling, saying the parenting ordinance violated her due process right under the federal and state constitutions.
-Noel Brinkerhoff, David Wallechinsky
 
City Can't Blame Parents for Children's Crimes (by Jeff Gorman, Courthouse News Service)
Anne Hensler v. City of Davenport (Iowa Supreme Court) (pdf)

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