62A-4a-501 - Harboring a runaway -- Reporting requirements -- Division to provide assistance -- Affirmative defense -- Providing shelter after notice.
62A-4a-501. Harboring a runaway -- Reporting requirements -- Division toprovide assistance -- Affirmative defense -- Providing shelter after notice.
(1) As used in this section:
(a) "Harbor" means to provide shelter in:
(i) the home of the person who is providing the shelter; or
(ii) any structure over which the person providing the shelter has any control.
(b) "Promptly" means within eight hours after the later of:
(i) the time that the person becomes aware that the minor is a runaway; or
(ii) the time that the person begins harboring the minor.
(c) "Receiving center" is as defined in Section 62A-7-101.
(d) "Runaway" means a minor, other than an emancipated minor, who is absent from thehome or lawfully prescribed residence of the parent or legal guardian of the minor without thepermission of the parent or legal guardian.
(e) "Temporary homeless youth shelter" means a facility that:
(i) provides temporary shelter to a runaway; and
(ii) is licensed by the Office of Licensing, created in Section 62A-1-105, as a residentialsupport program.
(f) "Youth services center" means a center established by, or under contract with, theDivision of Juvenile Justice Services, created in Section 62A-1-105, to provide youth services, asdefined in Section 62A-7-101.
(2) A person is guilty of a class B misdemeanor if the person:
(a) knowingly and intentionally harbors a minor;
(b) knows at the time of harboring the minor that the minor is a runaway; and
(c) except as provided in Subsection (3), fails to promptly notify one of the following, bytelephone or other reasonable means, of the location of the minor:
(i) the parent or legal guardian of the minor;
(ii) the division; or
(iii) a youth services center.
(3) A person described in Subsection (2) is not required to comply with Subsection(2)(c), if:
(a) a court order is issued authorizing a peace officer to take the minor into custody; and
(b) the person promptly notifies a peace officer or the nearest detention center, as definedin Section 62A-7-101, by telephone or other reasonable means, of the location of the minor.
(4) It is an affirmative defense to the crime described in Subsection (2) that:
(a) the person failed to promptly provide notice as described in Subsection (2)(c) 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)(c) or (3) as soon as it wasreasonably practicable to do so.
(5) Upon receipt of a report that a runaway is being harbored by a person:
(a) a youth services center shall:
(i) notify the parent or legal guardian that a report has been made; and
(ii) inform the parent or legal guardian of assistance available from the youth servicescenter; or
(b) the division shall:
(i) determine whether the runaway is abused, neglected, or dependent; and
(ii) if appropriate, make a referral for services for the runaway.
(6) A parent or legal guardian of a runaway who is aware that the runaway is beingharbored may notify a law enforcement agency and request assistance in retrieving the runaway. The local law enforcement agency may assist the parent or legal guardian in retrieving therunaway.
(7) Nothing in this section prohibits an individual or a temporary homeless youth shelterfrom continuing to provide shelter to a runaway, after giving the notice described in Subsection(2)(c) or (3), if:
(a) a parent or legal guardian of the minor consents to the continued provision of shelter;or
(b) a peace officer or a parent or legal guardian of the minor fails to retrieve the runaway.
(8) Nothing in this section prohibits an individual or a temporary homeless youth shelterfrom providing shelter to a non-emancipated minor whose parents or legal guardians haveintentionally:
(a) ceased to maintain physical custody of the minor;
(b) failed to make reasonable arrangements for the safety, care, and physical custody ofthe minor; and
(c) failed to provide the minor with food, shelter, or clothing.
(9) Nothing in this section prohibits:
(a) a receiving center or a youth services center from providing shelter to a runaway inaccordance with the requirements of Title 62A, Chapter 7, Juvenile Justice Services, and therules relating to a receiving center or a youth services center; or
(b) a government agency from taking custody of a minor as otherwise provided by law.
(10) Nothing in this section releases a person from the obligation, under Section62A-4a-403, to report abuse or neglect of a child.
Amended by Chapter 19, 2009 General Session