ÖVP Oberösterreich Proposes Jail Time for Negligent Parents

The government of Upper Austria is considering significant changes to parental accountability, following a recent announcement of administrative fines of up to EUR1,000 for parents who fail to cooperate with schools in addressing their children's issues. The Austrian People's Party (ÖVP) in Upper Austria is advocating for a more stringent approach, similar to measures implemented in Germany, suggesting that parents who are deemed 'careless' or uncooperative should face imprisonment for their role in facilitating their children's potential criminal behavior.

Current Austrian law allows for monetary fines or imprisonment of up to six months for parents who severely neglect their duty of care and supervision, leading to the neglect of their children. The ÖVP's new proposal seeks to expand these provisions, suggesting that parents could face criminal charges even if they do not actively prevent their children from engaging in a life of crime.

In Germany, this issue falls under the violation of parental care obligations, where parents can face fines or imprisonment of up to three years for similar neglect. The ÖVP aims to implement a clear legal framework in Austria to address situations where children fail to attend mandated appointments due to parental negligence, ignore official directives, or repeatedly commit offenses.

Additionally, the ÖVP has expressed interest in adopting Germany's 'warning custody' model, where juvenile offenders can be detained for up to four weeks. This approach aims to confront young offenders with the consequences of their actions without labeling them as convicted criminals. The party also supports implementing house arrest options for young offenders, a measure previously included in the coalition government's program.

The ÖVP plans to officially launch a comprehensive program process this coming Wednesday, which is projected to continue until 2027, coinciding with the next regional elections in Upper Austria.

In response to these proposals, the Green Party of Upper Austria has voiced strong opposition, arguing that imprisoning parents will not lead children onto a better path. They advocate for addressing the root causes of juvenile delinquency instead. The Green Party emphasizes the importance of supporting families from the outset, rewarding their engagement, and fostering collaboration between families and schools to achieve the best educational outcomes for children. The party criticized the ÖVP's approach as a 'soft strategy' in alliance with the Freedom Party (FPÖ).