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Can You Be Criminally Charged for Helping a Runaway

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  • 02-11-2016, 08:17 AM
    Not the mama
    Can You Be Criminally Charged for Helping a Runaway
    My question involves juvenile law in the State of: Washington

    My daughter's 14 year old friend was kicked out by her mother 2 years ago, and her father was given custody. She and her father have had a very bitter relationship, with numerous fights and loud arguments. He regularly leaves her at home alone for the weekend while he goes to his cabin in the mountains. He and his new girlfriend are verbally and mentally abusive to her, and she has taken to sneaking out of the house after fights and spending nights on the street. We are very concerned for her safety. She has made it very clear that her intent is to file for emancipation when she turns 16. This week she left and went to her father's ex-girlfriends home, where she stayed 3 nights. The father was informed of her whereabouts, and insisted she should come home. A CPS report was filed, and she is now at our home. I notified the father of the change in her location, and he set a deadline of 8pm tonight for her to be returned. I am not in a financial position to deal with a major legal battle, and also want to do what's right to protect the child. I'm meeting with school counselors today for additional guidance, and would appreciate any input you can provide.
  • 02-11-2016, 09:09 AM
    comment/ator
    Re: Can You Be Criminally Charged for Helping a Runaway
    If a CPS report was filed, there's nothing else you need to do. It is not your responsibility to protect this child and it will get you in a heap of legal trouble if you persist in providing her with a place to hide out. Get her home by the deadline. "Verbal and mental abuse" are very subjective, especially when you are hearing about it from the point of view of a 14 year old girl. Abused or not abused, it sounds like she is making some bad decisions and you are making them easier for her to make. Incidentally she doesn't have even the slightest chance of being emancipated except in some very specific special situations. You might want to read up and offer her some mature counsel on this plan. Then back off quickly and firmly.
  • 02-11-2016, 07:20 PM
    Who'sThatGuy
    Re: Can You Be Criminally Charged for Helping a Runaway
    Not only do you need to get this child home, you need to make sure she is placed in the hands of her legal parent or guardian.

    If the father comes home and doesn't discover his child there, and you were the last person known to have been in care of her, it will look like you're trying to hide something if this child is missing.
  • 02-11-2016, 08:31 PM
    Mr. Knowitall
    Re: Can You Be Criminally Charged for Helping a Runaway
    For the record,
    Quote:

    Quoting RCW 13.32a.080. Unlawful harboring of a minor—Penalty—Defense—Prosecution of adult for involving child in commission of offense.
    (1)

    (a) A person commits the crime of unlawful harboring of a minor if the person provides shelter to a minor without the consent of a parent of the minor and after the person knows that the minor is away from the home of the parent, without the parent's permission, and if the person intentionally:

    (i) Fails to release the minor to a law enforcement officer after being requested to do so by the officer; or

    (ii) Fails to disclose the location of the minor to a law enforcement officer after being requested to do so by the officer, if the person knows the location of the minor and had either taken the minor to that location or had assisted the minor in reaching that location; or

    (iii) Obstructs a law enforcement officer from taking the minor into custody; or

    (iv) Assists the minor in avoiding or attempting to avoid the custody of the law enforcement officer.

    (b) It is a defense to a prosecution under this section that the defendant had custody of the minor pursuant to a court order.

    (2) Unlawful harboring of a minor is punishable as a gross misdemeanor.

    (3) Any person who provides shelter to a child, absent from home, may notify the department's local community service office of the child's presence.

    (4) An adult responsible for involving a child in the commission of an offense may be prosecuted under existing criminal statutes including, but not limited to:

    (a) Distribution of a controlled substance to a minor, as defined in RCW 69.50.406;

    (b) Promoting prostitution as defined in chapter 9A.88 RCW; and (c) Complicity of the adult in the crime of a minor, under RCW 9A.08.020.

    If the child is not safe at home, that's a matter that protective services should address; but the harboring a runaway criminal statute is not implicated if you're not concealing the child and if you've not prevented or interfered with law enforcement's taking her into custody.
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