Can You Get in Trouble for Helping a Child Run Away from Home

[iloveyou18u4]

My question involves guardianship in the State of: Maine/Georgia

My sister currently has moved out of her abusive grandmothers house (her mother passed away) in the state of maine. She is going to be moving to Georgia with me at the end of this month. She is 17 years old and im wondering if I could get into trouble for letting her live with me down here since she ran away?? I already know Maine doesnt have a "haboring a minor" law so in the state of maine I cant get into trouble however since I live in GA I wanted to make sure this will not be an issue. I will be applying for temperary guardianship to enroll her into school down here once she gets here but I just want to make sure this will not be a problem.

[Foster_Foster]

"... im wondering if I could get into trouble for letting her live with me down here since she ran away??"

Anything in theory is possible. Seems to me you might want to ask local law enforcement a "what if" question (since you've evidently ascertained the answer as to Maine). I dare say getting into trouble isn't likely (she's after all commenced her 18th trip 'round the sun if she's "17"), but getting legal guardianship over her may be problematic. Hard to say what the local school or local medical professionals would want to see in the way of formal paperwork, if any.

"I will be applying for temperary guardianship to enroll her into school down here once she gets here ..."

I presume you've discussed with someone in the family court that there's presumably an existing guardianship in ME. Until the kid is a resident in GA (and I believe that's typically six months), they won't have jurisdiction over her that could supercede ME.

[Mr. Knowitall]

Maine law applies in Maine. Georgia law applies in Georgia. Georgia has a law, OCGA Sec. 16-5-45, called Interference With Custody; depending on the full facts it could apply to harboring a runaway.

[Lehk]

http://www.lexisnexis.com/hottopics/gacode/

"Child" means any individual who is under the age of 17 years or any individual who is under the age of 18 years who is alleged to be a deprived child or an unruly child as such terms are defined in Code Section 15-11-2.

"Deprived child" means a child who:
(A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health or morals;
(B) Has been placed for care or adoption in violation of law;
(C) Has been abandoned by his or her parents or other legal custodian; or
(D) Is without a parent, guardian, or custodian.

"Unruly child" means a child who:
(A) While subject to compulsory school attendance is habitually and without justification truant from school;
(B) Is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or other custodian and is ungovernable;
(C) Has committed an offense applicable only to a child;
(D) Without just cause and without the consent of his or her parent or legal custodian deserts his or her home or place of abode;
(E) Wanders or loiters about the streets of any city, or in or about any highway or any public place, between the hours of 12:00 Midnight and 5:00 A.M.;
(F) Disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; or
(G) Patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parents, guardian, or custodian, or possesses alcoholic beverages; and
(H) In any of the foregoing, is in need of supervision, treatment, or rehabilitation; or
(I) Has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation.

Looks like your sister would qualify under the definition of unruly child and so

A person commits the offense of interference with custody when without lawful authority to do so, the person:
(A) Knowingly or recklessly takes or entices any child or committed person away from the individual who has lawful custody of such child or committed person;
(B) Knowingly harbors any child or committed person who has absconded; provided, however, that this subparagraph shall not apply to a service provider that notifies the child's parent, guardian, or legal custodian of the child's location and general state of well being as soon as possible but not later than 72 hours after the child's acceptance of services; provided, further, that such notification shall not be required if:

(i) The service provider has reasonable cause to believe that the minor has been abused or neglected and makes a child abuse report pursuant to Code Section 19-7-5;

(ii) The child will not disclose the name of the child's parent, guardian, or legal custodian, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(iii) The child's parent, guardian, or legal custodian cannot be reached, and the Division of Family and Children Services within the Department of Human Services is notified within 72 hours of the child's acceptance of services; or

(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.

it looks like everything hinges on whether or not the court agrees that your belief that the grandmother is abusive is reasonable, and you MUST file the child abuse report