Section 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;(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;(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 ,§ 120, eff. 9/1/2022.Renumbered from § 62A-4a-501 and amended by Chapter 261, 2021 General Session ,§ 135, eff. 9/1/2021.Amended by Chapter 242, 2019 General Session ,§ 3, eff. 5/14/2019.Amended by Chapter 235, 2018 General Session ,§ 2, eff. 5/8/2018.Amended by Chapter 312, 2014 General Session ,§ 2, eff. 5/13/2014.Amended by Chapter 19, 2009 General Session