ORDINANCE NO. BL2008-246

An ordinance amending Section 11.28.080 of the Metropolitan Code to allow children found loitering during school hours to be transported to either the Davidson County Juvenile Detention Center or a Truancy Center.

WHEREAS, the Metropolitan Code currently provides that children found loitering during school hours may be taken into custody once it has been determined that the child is legally required to be in school; and,

WHEREAS, the Metropolitan Government is in the process of developing a Truancy Center, pursuant to T.C.A. §49-6-3007(i), to be known as the “Metro Student Attendance Center” or “M-SAC”; and,

WHEREAS, currently, children taken into custody pursuant to the loitering during school hours ordinance are transported to the Davidson County Juvenile Detention Center; and,

WHEREAS, children taken into custody for loitering during school hours may be eligible to receive services at the Metro Student Attendance Center to address issues of truancy and its causes, as an alternative to Juvenile Detention; and,

WHEREAS, it is in the interest of the citizens of The Metropolitan Government of Nashville and Davidson County that Section 11.28.080 of the Metropolitan Code be amended to allow children found loitering during school hours to be transported to either the Davidson County Juvenile Detention Center or a Truancy Center.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Section 11.28.080 (A) shall be amended by adding the following sentence at the end of such Section:

If a determination is made that the child is required to be in school, the child may be transported to either the Davidson County Juvenile Detention Center or to a Truancy Center established pursuant to T.C.A. §49-6-3007(i).

Section 2. This ordinance shall take effect from and after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Michael Craddock, Vivian Wilhoite, Duane Dominy, Karen Bennett

LEGISLATIVE HISTORY

Introduced: June 17, 2008
Passed First Reading: June 17, 2008
Referred to: Public Safety Committee
Education Committee
Passed Second Reading: July 15, 2008
Passed Third Reading: August 7, 2008
Approved: August 18, 2008
By: