A. The Municipal Judge, upon the conviction of a child for any violation of any provision of the code or any other ordinance, other than a violation of any of the provisions of Title 10, "Vehicles and Traffic," of the Lakewood Municipal Code may, if the evidence warrants, place the child on probation and as one condition of said probation order the child to attend a counseling program, to be administered by the court. The Municipal Judge shall have the authority to establish such programs to be administered under his authority for the purpose of assisting and counseling children convicted of violating any provision of this code or any other municipal ordinance. B. Court records of proceedings concerning a juvenile charged with violation of the Lakewood Municipal Code or any other ordinance, other than Title 10, "Vehicles and Traffic," shall be identified as juvenile records and shall be open to inspection without a court order as allowed by the Colorado Children's Code, Title 19, C.R.S. A juvenile probation officer's records and all other reports of social and clinical studies, whether or not part of the court file, shall not be open to inspection except as allowed by the Colorado Children's Code, Title 19, C.R.S. C. The Municipal Judge may order the general public to be excluded from any hearing, trial or other proceeding involving a child charged with any violation of the Lakewood Municipal Code, or any other ordinance, other than Title 10, "Vehicles and Traffic," on its own motion or the motion of any party, and if the interest of the child so requires, and in such case only such persons shall be admitted, including persons whom the parents or guardian wish to be present, as to have a direct interest in the case or in the proceeding before the court. D. 1. The municipal court may, when the court determines that it is in the best interests of the juvenile, join the juvenile’s parent or guardian and the person with whom the juvenile resides, if other than the juvenile’s parent or guardian, as a respondent to the action and shall issue a subpoena or summons requiring the parent or guardian and the person with whom the juvenile resides, if other than the juvenile’s parent or guardian, to appear with the juvenile at all proceedings under the Lakewood Municipal Code involving the juvenile. 2. If the parent or guardian of any juvenile cannot be found, the court, in its discretion may proceed with the case without the presence of such parent or guardian. This subsection (D) shall not apply to any person whose parental rights have been terminated pursuant to the provisions of the Colorado Children’s Code or the parent of an emancipated minor. 3. For the purposes of this section, “parent” is defined in Section 19-1-103 (82), C.R.S. For the purposes of this section, “emancipated minor” shall have the same meaning as set forth in Section 19-1-103 (45), C.R.S. 4. Every parent or guardian whose juvenile is the subject of a juvenile proceeding under the provisions of the Lakewood Municipal Code shall attend any such proceeding. 5. A summons issued under this subsection may be served in the same manner as the summons in a civil action or by mailing it to the juvenile’s last-known address by certified mail with return receipt requested not less than five (5) days prior to the time the juvenile is requested to appear in court. Service by mail is complete upon return of the receipt signed by the juvenile, his or her parent, guardian, legal custodian, physical custodian, or spousal equivalent as defined in Section 19-1-103 (101), C.R.S. 6. Service upon the parent, guardian, legal custodian, or physical custodian who has physical care of a juvenile of a summons that contains wording commanding said parent, guardian, legal custodian, or physical custodian to produce the juvenile in court shall constitute valid service compelling the attendance of both the juvenile and said parent, guardian, legal custodian, or physical custodian in court. In addition, service of a summons as described herein shall compel said parent, guardian, legal custodian, or physical custodian either to make all necessary arrangements to ensure that the juvenile is available to appear before the court or to appear in court and show good cause for the juvenile’s failure to appear. E. The municipal court shall relinquish jurisdiction over any juvenile upon an order for such relinquishment duly entered by a District or Juvenile Court of the State of Colorado having jurisdiction over such child; as evidenced by a certified copy of such order filed with the municipal court. F. In addition to any of the provisions specified in this section, any sentence imposed pursuant to this section may require the juvenile's parent, guardian, or legal custodian to perform certain acts, so long as the parent, guardian, or legal custodian is a party to the proceedings, and the parent, guardian, or legal custodian has received notice of the hearing. The court may require: 1. The juvenile or both the juvenile and his or her parent, guardian, or legal custodian to perform volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to contribute to the ability of the parent, guardian, or legal custodian to provide proper parental care and supervision of the juvenile; 2. The parent, guardian or legal custodian of a juvenile or both the parent, guardian, or legal custodian and the juvenile to attend a parental responsibility training program. The court may make reasonable orders requiring proof of completion of such training course within a certain time period. 3. The juvenile or both the juvenile and his or her parent, guardian or legal custodian may be ordered to perform services for the victim, designed to contribute to the rehabilitation of the juvenile, if the victim consents in writing to such services. However, the value of the services required to be rendered by the parent, guardian, or legal custodian of the juvenile under this subsection shall not exceed the damages as set forth in Section 13-21-107, C.R.S., for any one ordinance violation. 4. a. After a hearing at which the guardian or legal custodian is present, the court may order the guardian or legal custodian of the juvenile to make restitution pursuant to the terms and conditions set forth in this section; except that the liability of the guardian or legal custodian of the juvenile under this subsection shall not exceed the damages as set forth in Section 13-21-107, C.R.S., for any one ordinance violation. If the custodian of the juvenile has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the guardian or legal custodian of liability for restitution under this subsection. b. After a hearing at which the parent is present, the court may order the juvenile's parent to make restitution in a reasonable amount pursuant to the terms and conditions set forth in this subsection; except that the liability of the parent under this section shall not exceed five thousand dollars ($5,000) for any one ordinance violation. If the court finds, after a hearing, that the juvenile's parent has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the parent of liability for restitution under this subsection. As used in this subsection, "parent" has the same meaning as in Title 19 of the Colorado Revised Statutes. 5. a. Restitution – Juvenile. If the court finds that a juvenile has damaged the personal or real property of a victim, that the victim's personal property has been lost, or that personal injury has been caused to a victim as a result of the juvenile's ordinance violation, the court may enter a sentencing order requiring the juvenile to make restitution for actual damages done to persons or property; except that the court shall not order restitution if it finds that monetary payment or payment in kind would cause serious hardship or injustice to the juvenile. b. Such order shall require payment of insurers and other persons or entities succeeding to the rights of the victim through subrogation or otherwise, if appropriate. Restitution shall be ordered in a reasonable amount to be paid in a reasonable manner, as determined by the court. 6. Any restitution or damages ordered under this Chapter 1.16 shall be independent of any restitution or funds provided to a witness or victim under the provisions of Chapter 1.17. 7. Failure of the juvenile, parent, guardian, or legal custodian to obey any order of the court shall subject them to the contempt sanctions of the court. (Ord. O-2017-16 § 4, 2017; Ord. O-2012-8 § 1, 2012; Ord. O-2002-44 § 2, 2002; Ord. O-96-44 § 8, 1996; Ord. O-89-86 § 6, 1989; Ord. O-82-54 § 4, 1982).