Section 601 – Harboring a runaway — Reporting requirements — Division of Child and Family Services to provide assistance — Affirmative defense — Providing shelter after notice.

Effective 9/1/2022
80-5-601. Harboring a runaway — Reporting requirements — Division of Child and Family Services to provide assistance — Affirmative defense — Providing shelter after notice.

• (1) As used in this section, “harbor” means to provide shelter in:
  • (a) the home of the person who is providing shelter; or
  • (b) any structure over which the person providing the shelter has any control.

• (2) Except as provided in Subsection (3), a person is guilty of a class B misdemeanor if the person:
  • (a) knowingly and intentionally harbors a child;
  • (b) knows at the time of harboring the child that the child is a runaway;
  • (c) fails to notify one of the following, by telephone or other reasonable means, of the location of the child:
    • (i) the parent or guardian of the child;
    • (ii) the division; or
    • (iii) a youth services center; and
  • (d) fails to notify a person described in Subsection (2)(c) within eight hours after the later of:
    • (i) the time that the person becomes aware that the child is a runaway; or
    • (ii) the time that the person begins harboring the child.

• (3) A person described in Subsection (2) is not guilty of a violation of Subsection (2) and is not required to comply with Subsections (2)(c) and (d), if:
  • (a)
    • (i) a court order is issued authorizing a peace officer to take the child into custody; and
    • (ii) the person notifies a peace officer, or the nearest detention facility, by telephone or other reasonable means, of the location of the child, within eight hours after the later of:
      • (A) the time that the person becomes aware that the child is a runaway; or
      • (B) the time that the person begins harboring the child; or
  • (b)
    • (i) the child is a runaway who consents to shelter, care, or licensed services under Section 80-5-602; and
    • (ii)
      • (A) the person is unable to locate the child’s parent or guardian; or
      • (B) the child refuses to disclose the contact information for the child’s parent or guardian.

• (4) A person described in Subsection (2) shall provide a report to the division:
  • (a) if the person has an obligation under Section 80-2-602 to report child abuse or neglect; or
  • (b) if, within 48 hours after the person begins harboring the child:
    • (i) the person continues to harbor the child; and
    • (ii) the person does not make direct contact with:
      • (A) a parent or guardian of the child;
      • (B) the division;
      • (C) a youth services center; or
      • (D) a peace officer or the nearest detention facility if a court order is issued authorizing a peace officer to take the child into custody.

• (5) It is an affirmative defense to the crime described in Subsection (2) that:
  • (a) the person failed to provide notice as described in Subsection (2) or (3) due to circumstances beyond the control of the person providing the shelter; and
  • (b) the person provided the notice described in Subsection (2) or (3) as soon as it was reasonably practicable to provide the notice.

• (6) Upon receipt of a report that a runaway is being harbored by a person:
  • (a) a youth services center shall:
    • (i) notify the runaway’s parent or guardian that a report has been made; and
    • (ii) inform the runaway’s parent or guardian of assistance available from the youth services center; or
  • (b) the division shall:
    • (i) make a referral to the Division of Child and Family Services to determine whether the runaway is abused, neglected, or dependent; and
    • (ii) if appropriate, make a referral for services for the runaway.

• (7)
  • (a) A parent or guardian of a runaway who is aware that the runaway is being harbored may notify a law enforcement agency and request assistance in retrieving the runaway.
  • (b) The local law enforcement agency may assist the parent or guardian in retrieving the runaway.

• (8) Nothing in this section prohibits a person from continuing to provide shelter to a runaway, after giving the notice described in Subsections (2) through (4), if:
  • (a) a parent or guardian of the runaway consents to the continued provision of shelter; or
  • (b) a peace officer or a parent or guardian of the runaway fails to retrieve the runaway.

• (9) Nothing in this section prohibits a person from providing shelter to a child whose parent or guardian has intentionally:
  • (a) ceased to maintain physical custody of the child; and
  • (b) failed to make reasonable arrangements for the safety, care, and physical custody of the child.

• (10) Nothing in this section prohibits:
  • (a) a juvenile receiving center or a youth services center from providing shelter to a runaway in accordance with the requirements of this chapter and the rules relating to a juvenile receiving center or a youth services center; or
  • (b) a government agency from taking custody of a child as otherwise provided by law.

Amended by Chapter 334, 2022 General Session