Village of Argyle, WI
Lafayette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 11, Ch. 5, Secs. 11-5-1 through 11-5-5 and 11-5-7 through 11-5-12, of the 2005 Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See § 1-2.
Drug paraphernalia — See Ch. 255.
Graffiti — See Ch. 321.
Alcoholic beverages — See Ch. 355.
Peace and good order — See Ch. 439.
A. 
Curfew established. It shall be unlawful for any person under the age of 18 years to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of Argyle between the hours of 10:00 p.m. and 5:00 a.m., unless such child is accompanied by his or her parent, legal guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that said juvenile, unaccompanied by parent, legal guardian or other person having legal custody, is found upon any such public place during the aforementioned hours shall be prima facie evidence that said juvenile is there unlawfully and that no reasonable excuse exists therefor.
[Amended 9-1-2010]
B. 
Exceptions.
(1) 
This section shall not apply to a juvenile:
(a) 
Who is performing an errand as directed by his/her parent, legal guardian or person having lawful custody.
(b) 
Who is on his/her own premises or in the areas immediately adjacent thereto.
(c) 
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
(d) 
Who is returning home from a supervised school, church or civic function, but not later than 60 minutes after the ending of such function.
(e) 
Who is, at any time, in the event of an emergency which would justify the reasonableness of the person's presence.
(f) 
Who is engaged in interstate travel.
(g) 
Who is on the sidewalk in front of his/her home or an adjacent home.
(h) 
Who is engaged in exercising First Amendment rights or activities.
(2) 
These exceptions shall not, however, permit a juvenile to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.
C. 
Responsibility of operators of places of amusement. No person operating a place of amusement or entertainment within the Village, or any agent, servant or employee of any such person, shall permit a person under 18 years of age to enter or loiter in such place of amusement or entertainment between 10:00 p.m. and 5:00 a.m. the next day, unless such person under 18 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.
[Amended 9-1-2010]
D. 
Responsibility of hotels, motels and rooming houses. No person operating a hotel, motel, lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any person under 18 years of age to visit, wander or stroll in any portion of such hotel, motel, lodging or rooming house between 10:00 p.m. (11:00 p.m., Friday and Saturday) and 5:00 a.m. the next day, unless such person under 18 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.
[Amended 9-1-2010]
E. 
Parental responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person under age 18 to allow or permit such person to violate the provisions of Subsections A through D above. The fact that, prior to the present offense, a parent, legal guardian or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, legal guardian or custodian allowed or permitted the present violation. Any parent, legal guardian or custodian herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any juvenile under age 18 to violate this section.
[Amended 9-1-2010]
F. 
Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and other provisions in this chapter until such time as the parent, legal guardian or person having legal custody of the juvenile shall be immediately notified and the person so notified shall as soon as reasonably possible thereafter report to the Police Department for the purpose of taking custody of the juvenile and shall sign a release for him or her, or such juvenile may be taken directly from the scene of his/her apprehension to his/her home. If such juvenile's parents or relative living nearby cannot be contacted to take custody of such juvenile and it is determined by the apprehending officer that the juvenile's physical or mental condition is such as would require immediate attention, the law enforcement officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.
G. 
Warning and penalty.
(1) 
Warning. The first time a parent, legal guardian, or person having legal custody of a juvenile who is taken into custody by a law enforcement officer, as provided in Subsection F above, such parent, legal guardian, or person having such legal custody shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this juvenile or any other juvenile under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(2) 
Violations and penalties.
[Amended 9-1-2010]
(a) 
Any parent, legal guardian, or person having legal custody of a person under 18 years of age described in Subsection A above who has been warned in the manner provided in Subsection G(1) herein and who thereafter violates this section shall be subject to a penalty as provided in § 1-2 of this Code.
(b) 
Any person under the age of 17 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution, and shall be subject to disposition as provided in § 938.343, Wis. Stats., or any subsequent amendment, modification, revision, renumbering, recodification or addition or deletion of said provision. Any person 17 years of age or older who shall violate this section shall, upon conviction, be subject to a penalty as provided in § 1-2 of this Code.
It shall be unlawful for any juvenile to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.
It shall be unlawful for any juvenile, with intent, to steal or take property from the person or presence of the owner without the owner's consent and with the intent to deprive the owner of the use thereof.
It shall be unlawful for a person under the age of 17 to intentionally receive or conceal property he/she knows to be stolen.
A. 
Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this section as if fully set forth herein.
B. 
Definition of "adult" and "juvenile."
ADULT
A person who is 18 years of age or older, except that, for purposes of prosecuting a person who is alleged to have violated any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
JUVENILE
A person who is less than 18 years of age, except that, for purposes of prosecuting a person who is alleged to have violated a civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
C. 
Provisions of Village's Code applicable to juveniles. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against juveniles may be brought on behalf of the Village of Argyle and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
D. 
No incarceration as penalty. The Court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.
E. 
Additional prohibited acts. In addition to any other provision of the Village of Argyle's Code, no juvenile shall own, possess, ingest, buy, sell, trade, use as a beverage, give away or otherwise control any intoxicating liquor or fermented malt beverage in violation of Ch. 125, Wis. Stats.
F. 
Penalty for violations of Subsection D. Any juveniles who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-2 of this Code, exclusive of the provisions therein relative to commitment in the County Jail.
A. 
Definitions. For the purpose of this section, the following definitions shall be applicable:
ACCEPTABLE EXCUSE
Permission of the parent/guardian/legal custodian of the pupil, within limits of policies on truancy established by the school in which the pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated in writing from the parent/guardian/legal custodian to the school prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.
DROPOUT
A child who has ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under § 118.15(1)(b) to (d) or (3), Wis. Stats.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during a school semester.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats, for part or all of any day on which school is held during a school semester.
B. 
Truancy. No person under 18 years of age shall be truant. Upon conviction thereof, the following dispositions are available to the court:
(1) 
An order for the person to attend school.
(2) 
A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
C. 
Habitual truancy.
(1) 
No person under 18 years of age shall be a habitual truant.
(2) 
If the court determines that a person is a habitual truant, the court may order one or more of the following dispositions:
(a) 
Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation together with a notice stating the reason for and the duration of the suspension.
(b) 
An order for the person to participate in counseling or community service work as described in § 938.34(5g), Wis. Stats. The costs of any such counseling or community service work may be assessed against the person, the parents or guardian of the person, or both.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(c) 
An order for the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his/her home if the child is accompanied by a parent or guardian.
(d) 
An order for the person to attend an educational program as described in § 938.34(7d), Wis. Stats.
(e) 
An order for the Wisconsin Department of Work Force Development to revoke, under § 103.72, Wis. Stats, a permit under § 103.70, Wis. Stats., authorizing the employment of the person.
(f) 
An order for the person to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.
(g) 
An order for the person to attend school.
(h) 
A forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
(i) 
An order placing the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.
(j) 
An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense, or to attend school with the person, or both.
(k) 
Any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises, and restrictions on associating with other children or adults.
D. 
Dropouts.
(1) 
No person who is at least 16 years of age but is less than 18 years of age may be a dropout.
(2) 
If the court determines that a person is at least 16 years of age but is less than 18 years of age and is a dropout, the court may suspend the person's operating privilege until the person reaches the age of 18. The court shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation, together with a notice stating the reason for and the duration of the suspension.
E. 
Dispositional orders and sanctions. The court is hereby authorized to exercise each and every kind of authority granted to courts under Wisconsin law. Specifically, the court is hereby authorized to exercise the authority granted to it in § 938.355, Wis. Stats., and is hereby authorized to exercise the authority granted it in § 938.355(6m), Wis. Stats.
F. 
Adopted terms. As used in this section, the terms "truant," "habitual truant," "operating privilege," and "dropout" have the meanings provided in § 118.163, Wis. Stats. Those definitions are hereby adopted and incorporated herein as if fully set forth. Any future amendment of any such definition is hereby adopted and is incorporated herein as if fully set forth as the effective date of such future amendment.
G. 
Failure to cause a child to attend school regularly.
(1) 
Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under his/her control a child who is between the ages of six and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.
(2) 
This section does not apply:
(a) 
To a person who has under his/her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(b) 
To a person who proves that he/she is unable to comply with the requirements of this section because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer of law enforcement authority shall refer the case to the District Attorney's office.
(c) 
Unless evidence has been provided by the school attendance office that the activities under § 118.16(5), Wis. Stats., have been completed or were not required to be completed as provided in § 118.16(5m), Wis. Stats.
H. 
Contributing to truancy.
(1) 
Except as provided in Subsection H(2) below, any person 18 years of age or older, who by an act or omission knowingly encourages or contributes to the truancy, as defined in Subsection H(4), of a juvenile, shall be subject to a forfeiture pursuant to § 1-2 of this Code.
(2) 
Subsection H(1) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
An act or omission contributes to the truancy of a child, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the juvenile to be a truant.
(4) 
"Truancy" means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or legal guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats.
I. 
Parent or legal guardian liability for truancy.
(1) 
Unless the juvenile is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six and 18 years shall cause the juvenile to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the juvenile should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes 18 years of age.
(2) 
Application of penalty.
(a) 
A person found to have violated Subsection I(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to § 1-2 of this Code.
(b) 
Subsection I(2)(a) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection I(1) because of the disobedience of the juvenile.
A. 
No person shall intentionally shelter or conceal a minor child who:
(1) 
Is a "runaway child," meaning a child who has run away from his or her parent, legal guardian or legal or physical custodian; or
(2) 
Is a child who may be taken into custody pursuant to § 938.19, Wis. Stats.
B. 
Subsection A applies when the following conditions are present:
(1) 
The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and
(2) 
The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).
C. 
Subsection A does not apply to any of the following:
(1) 
A person operating a runaway home in compliance with § 48.227, Wis. Stats.;
(2) 
A person who shelters or conceals a child at the request or with the consent of the child's parent, legal guardian or legal or physical custodian, except if the sheltering or concealment violates § 948.31, Wis. Stats.; or
(3) 
A person who immediately notifies a law enforcement agency, county department of public welfare or social services, or the intake worker of the court exercising jurisdiction under Ch. 48 or 938, Wis. Stats, that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CIGARETTE
Has the meaning given in § 139.30(1), Wis. Stats.
DISTRIBUTOR
A person specified under § 139.30(3) or 139.75(4), Wis. Stats.
IDENTIFICATION CARD
A license containing photograph issued under Ch. 343, Wis. Stats., or an identification card issued under § 343.50, Wis. Stats.
JOBBER
Has the meaning given in § 139.30(6), Wis. Stats.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
MANUFACTURER
Any person specified under § 139.30(7) or 139.75(5), Wis. Stats.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats.
SCHOOL
Has the meaning given in § 118.257(1)(c), Wis. Stats.
SUBJOBBER
Has the meaning given in § 139.75(11), Wis. Stats.
TOBACCO PRODUCTS
Has the meaning given in § 139.75(12), Wis. Stats.
VENDING MACHINE
Has the meaning given in § 139.30(14), Wis. Stats.
VENDING MACHINE OPERATOR
Has the meaning given in § 139.30(15), Wis. Stats.
B. 
Restrictions.
(1) 
Except as provided in Subsection C below, no person under the age of 18 may buy or attempt to buy any cigarettes or tobacco products, falsely represent his or her age for the purpose of receiving any cigarette or tobacco product, or possess any cigarette or tobacco product.
(2) 
Except as provided in Subsection C below, no retailer may sell or give cigarettes or tobacco products to any person under the age of 18. A vending machine operator is not liable under this subsection for the purchase of cigarettes or tobacco products from his/her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
(3) 
A retailer shall post a sign in areas within his/her premises where cigarettes or tobacco products are sold to consumers, stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section or comparable state laws.
(4) 
No person may place a vending machine within 500 feet of a school.
(5) 
No manufacturer, distributor, jobber, subjobber, or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
C. 
Employment resale exception. A child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his/her normal working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.
D. 
Defense of retailers. Proof of all the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection B(2) above:
(1) 
That the purchaser falsely represented that he/she had attained the age of 18 and presented an identification card;
(2) 
That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18;
(3) 
That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.
E. 
Seizure of tobacco products. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B above committed in his/her presence.
F. 
Violations and penalties.
(1) 
A person who commits a violation of Subsection B(2), (4) or (5) of this section is subject to a forfeiture of:
(a) 
Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or
(b) 
Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.
(2) 
In addition, a court shall suspend any license or permit under § 134.65, 139.34 or 139.79, Wis. Stats., as set forth in § 134.66(4), Wis. Stats.
(3) 
Whoever violates Subsection B(3) of this section shall forfeit not more than $25.
(4) 
Whoever violates Subsection B(1) of this section shall forfeit not more than $25.
A. 
Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 948, Wis. Stats.
B. 
Definitions. For purposes of this section, the following terms are defined as indicated:
CRIMINAL GANG
An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more criminal or unlawful acts, or acts that would be criminal or unlawful if the actor were an adult, specified in § 939.22(21)(a) to (s), Wis. Stats., or in any of the municipal code sections referred to in the definition of "pattern of criminal gang activity" below; that has a common name or common identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
PATTERN OF CRIMINAL GANG ACTIVITY
Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in subsections (a) to (s) of that section to Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of the Code of the Village.
UNLAWFUL ACT
Includes a violation of any of the municipal code chapters referred to in the definition of "pattern of criminal gang activity" above or any criminal act or act that would be criminal if the actor were an adult.
C. 
Unlawful activity.
(1) 
It is unlawful for any person to engage in criminal gang activity.
(2) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years, to commit or attempt to commit any violation of the provisions of this section, or any one or more of those chapter of the Municipal Code referred to in the definition of "pattern of criminal gang activity" in Subsection B above.
(3) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to participate in criminal gang activity.
(4) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to join a criminal gang.
A. 
Citation process. For violations of §§ 360-2 through 360-9, juveniles may be cited by the citation process on a form approved by the Village Attorney and shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A carbon copy will be mailed to the parent or legal guardian.
B. 
Penalties. Violations of §§ 360-2 through 360-9 by a person under the age of 18 shall be punishable according to § 1-2 of this Code and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the Juvenile Officer, in his/her discretion, from referring cases directly to the District Attorney's office.
[Added 11-4-2009]
A. 
Purpose. The purpose of this section is to reduce the incidents of misconduct by a child, for the betterment of the child and the community, by requiring proper supervision on the part of the custodial parent or parent(s).
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHILD
A person under the age of 18 years.
CONVICTED
A determination of guilt, including, but not limited to, a finding of guilty by the Court, a plea of guilty or no contest by the offender, or any other similar finding or plea.
CUSTODIAL PARENT
A biological or adoptive parent, a legal guardian or person who has legal custody as defined in § 767.001(2), Wis. Stats., of a minor child. It does not include a person whose parental rights have been terminated. It does not include "legal custody," as defined in § 48.02(12), Wis. Stats., by an agency or a person other than the child's birth parent or adoptive parent. In the event persons share legal custody of a child, for purposes of determining which person has custody of a child for application of this section, the court shall consider which person had responsibility for caring for and supervision of the child at the time the child's ordinance violation occurred.
C. 
Prohibited conduct. Every custodial parent has a duty to properly supervise his or her child. Any custodial parent whose unemancipated minor child is convicted of a violation of the Village of Argyle Code, a Lafayette County ordinance, or a Wisconsin state law, which violation occurs within six months of a prior violation or three or more times within a twelve-month period, is guilty of failing to properly supervise said child. The six- and twelve-month periods shall be measured from the date of the first violation. A conviction of a violation by a child, as defined herein, subject to its admissibility under § 904.10, Wis. Stats., shall bar the custodial parent from denying that the child committed the act. The Village shall have the burden to prove that the custodial parent is guilty of the prohibited conduct by showing either:
(1) 
The custodial parent aided or abetted said child during an act forming the basis for the violation; or
(2) 
The custodial parent failed to act or otherwise impose reasonable supervisory controls on the child intended and reasonably designed to prevent a violation.
D. 
Violations and penalties.
(1) 
Any person convicted of a violation of this section shall be subject to a forfeiture of not less than $25 nor more than $500 for each offense, together with the costs of prosecution and other court costs.
(2) 
Nothing contained in this section shall be in lieu of any state statute or common law requirement of parental responsibility for the acts of a child.
E. 
Defenses.
(1) 
The following shall be among the defenses to a violation of this section where proven by the custodial parent to the Court's satisfaction:
(a) 
The custodial parent was not legally responsible for the supervision of the child at the time the misconduct occurred;
(b) 
The custodial parent has a physical or mental disability or incompetence rendering him or her incapable of supervising the child at the time the misconduct occurred;
(c) 
The custodial parent reported the act forming the basis of the violation to the appropriate authorities when the violation occurred or as soon as the custodial parent learned of the violation;
(d) 
The parent has made all reasonable and available efforts under the circumstances to prevent the child's misconduct;
(e) 
The custodial parent can provide specific evidence of ongoing participation in or recent completion of parenting classes, family therapy, group counseling or AODA counseling which includes the custodial parent or family. For purposes of family therapy or counseling, such evidence must include documentation from the therapist or counselor stating that the custodial parent of the child has been compliant with the therapeutic recommendations; or
(f) 
The child has been diagnosed by a competent physician or licensed psychologist as suffering from a psychotic disorder or other disorder rendering parental control ineffective.
(2) 
It is not a defense where the custodial parent assigns his or her parental responsibility to another, except pursuant to legal proceedings which result in a court order effectuating the same.