SB 749

Under current law, a licensed foster home, group home, or shelter may provide

housing or services to a child runaway if both the child and his or her parent or

guardian consent to the provision of housing or services. Under current law, if the

parent or guardian does not consent to housing or services, the foster home, group

home, or shelter must notify the agency responsible for providing child welfare

services of the child's presence in the home or shelter within 12 hours of the child's

arrival at the home or shelter. After such notification, a hearing is held to determine

whether the child must be returned to the parent or guardian or permitted to stay

at the foster home, group home, or shelter for up to 20 days. A child runaway may

not remain at a foster home, group home, or shelter for longer than 20 days unless

the state files a petition alleging that the child is in need of protection or services.

Current law does not provide for a person who is not licensed as a foster parent or

as a group home or shelter service provider to house a child runaway.

This bill imposes a criminal penalty on any person who receives a child

runaway into his or her living quarters if 1) the person knows or reasonably should

know that the child is a child runaway when the child arrives in the living quarters

and the person fails to notify the police or child welfare agency of the child's presence

or whereabouts immediately after the child arrives; or 2) the person discovers or

reasonably should have discovered that the child is a child runaway after the child

has arrived in the living quarters and the person fails to notify the police or child

welfare agency of the child's presence or whereabouts immediately after the person

makes the discovery or reasonably should have made the discovery. The bill also

imposes a criminal penalty on any person who knowingly transports a child runaway

with intent to avoid apprehension. The bill defines a “child runaway" as a child who

is absent from the home of his or her parent or guardian without the consent of the

parent or guardian and who does not intend to return to that home.

The bill makes harboring or transporting a child runaway a Class A

misdemeanor for a first offense, a Class I felony for a second offense, or a Class H

felony for a third or subsequent offense. A Class A misdemeanor is punishable by

imprisonment for up to nine months or a fine of up to $10,000, or both. A Class I

felony is punishable by imprisonment for up to three years and six months or a fine

of up to $10,000, or both. And a Class H felony is punishable by imprisonment for

up to six years or a fine of up to $10,000, or both. Under the bill, the criminal

prohibition on harboring or transporting a child runaway does not apply to a licensed

foster home, group home, or shelter that provides housing or services to a child

runaway.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.