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Senate approves parental responsibility bill

Parents of unruly children will soon pay the price of their actions under a tough new law approved by Senators yesterday.

The parental responsibility legislation cracks down on young people involved in crime and antisocial behaviour, and the parents who let them wreak havoc.

"The face of the accused in many of the recent instances of violent crime has revealed a disturbing trend the commission of such crime by young people who in some cases are still in their teen years," said Attorney General Kim Wilson yesterday.

"Furthermore, those who we would no longer classify as 'young,' more often than not have a track record of dysfunctional behaviour going back to their formative years.

"The challenge therefore confronts us to address the root causes of this appalling trend at a crucial time in Bermuda as relates to the escalation of serious crime."

She said a lack of responsible parenting is one of the issues contributing to the problem, but commented: "I never thought that the day would come when we would have to be sitting here discussing legislation requiring parents to do their jobs, and it just boggles the mind. But at the end of the day we have a responsibility as a Government to uphold society as a whole and we have to do what we have to do."

The first limb of the new legislation allows the courts to impose parenting orders to compel parents to uphold their duty of care.

Anti social behaviour orders are intended to set standards for how young people should conduct themselves, and can restrict troublemaking juveniles from associating with certain friends or entering certain buildings.

Child safety orders will allow Child and Family Services to intervene to supervise parenting for up to twelve months.

The child curfew scheme authorises temporary 90-day prohibitions to be issued on young people attending what Sen. Wilson described as "known hazardous public venues."

She explained that, unlike a similar law tabled in 1998 under the United Bermuda Party Government — which failed due to the change in Government — hers does not take a "unilateral hardline punitive approach".

Instead, she said, the focus is on rehabilitation and no parenting orders will be made until after Child and Family Services has provided the court with a comprehensive report on the circumstances surrounding the child. Provisions are also made for counselling.

The law also enables courts to make parents pay up to $1,000 in damages when failure to discipline their children results in the children damaging other people's property.

However, Sen. Wilson stressed: "The intent here is not to penalise those parents whose children carry out such actions in spite of responsible parenting.

"Therefore, provisions are made for defences against parental liability such as 'exercising reasonable supervision' and 'making reasonable efforts to prevent or discourage' the delinquent actions which resulted in the loss."

Between 2005 and 2008 an annual average of 90 young people under 18 years old were taken on by the Department of Child and Family Services each year, of which 35 percent where deemed to be "out of parental control."

Sen. Wilson said she understands that parenting today is a "daunting" task, as is the process of growing up.

"When my two children, aged eight and six, were born they didn't come with an instruction manual, there was no dress rehearsal. The best my husband and I can do is actively participate in their lives, talk to them, instruct them, pray over them and teach them right from wrong in accordance with the word of God," she said.

However, she added that now, more than ever, parents must be held accountable. She further noted that similar legislation is in place in Australia, Canada, the US and UK.

United Bermuda Party Senator Suzann Roberts-Holshouser said mediation and counselling should be encouraged, and the authorities are not "out to get people."

"I understand that this legislation might be difficult for parents, but it's not a piece of legislation to be frightened about," she said.

Independent Senator Joan Dillas Wright said parents have become very lenient with their children compared to years gone by. She also noted that the parenting orders can be appealed to a higher court.

Government Senator Walton Brown said the legislation was designed to deal with "the most egregious" lack of parenting, and it is a necessary intervention. But he said that as a social scientist, he would like to see an exploration of the root causes of youth criminality.

"We are not a nanny state and Government cannot, not should it, be in a position to try to govern the family structure, but something has gone awry and that has to speak to changes we have made consciously and unconsciously," he said.

Independent Senator Walwyn Hughes said the new law is well balanced, and tries to be fair.

"You have to go a long way before you intervene. You don't want the Government telling you what to do. It's the last thing you want but it's when everything else fails that you have to use this legislation," he said.

Government Senator Marc Bean said he felt young women are not as mature as they were in days gone by, such as his mother who was pregnant at sixteen and married at seventeen in 1957.

He also stressed the important role grandparents play in young people's lives, and pointed out that prevention is better than cure, and young people must be taught right from wrong.

"The biggest gift we can give them is self discipline," he added.

United Bermuda Party Senator Jean Atherden said she would like to monitor how the law works out, including statistics on how many court orders are made.

Government Senator Thaao Dill said parents must be provided with all possible support to avoid the punitive approach. He stressed the need for loving and valuing children, not just giving them material things.