80-5-601.
816 words·~4 min read·
/ut/title-80/chapter-5/80-5-601A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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:
(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
(i)the child is a runaway who consents to shelter, care, or licensed services under Section 80-5-602 ; and
(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.
(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