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.