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Can my parents be arrested if I don't attend school and they don't make me attend?
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    Wednesday, April 26 2017, 06:07 PM - #Permalink
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    Arizona Law:
    CHILD
    Arizona Revised Statute 15-803(A) states that it is unlawful for any child who is between six and sixteen years of age to fail to attend school during the hours school is in session.

    Truant is a term that means an unexcused absence for at least one class period during the day. (A.R.S. 15-803(C)(2))

    A child is “habitually truant” if they are not in attendance for at least five school days within a school year. (A.R.S. 15-803(C)(1))

    If a person is habitually truant they can go to juvenile court and be adjudicated as an incorrigible child under A.R.S. 8-201(19)(b).

    If a person is adjudicated as an incorrigible child they will be subject to A.R.S. 8-341(A)(2) which states the following:

    8-341. Disposition and commitment; definitions
    A. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:
    2. It may award an incorrigible child:
    (a) To the care of the child's parents, subject to the supervision of a probation department.
    (b) To the protective supervision of a probation department, subject to any conditions the court may impose.
    (c) To a reputable citizen of good moral character, subject to the supervision of a probation department.
    (d) To a public or private agency, subject to the supervision of a probation department.
    (e) To maternal or paternal relatives, subject to the supervision of a probation department.


    PARENTS
    Under A.R.S. 13-3613 parents of an incorrigible child may be found guilty of class 1 misdemeanor if they encourage or contribute to the dependency of a child.

    A.R.S. 13-3612(3)(I) defines a “dependent person” as a person under the age of 18 who is incorrigible and who is beyond the control and power of the dependent person's parents, guardian or custodian by reason of the vicious conduct or nature of the person.

    The sentence for a class one misdemeanor is up to 6 months in jail (A.R.S. 13-707) and or a fine for up to $2,500 (A.R.S. 13-802).

    What Does This Mean?

    This means that it is against the law for a person under 16 be truant or not to attend school; and if their parent’s help them miss school without a legitimate excuse (listed in A.R.S. 15-803) they are also committing a crime a crime and can face serious penalties.
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