AB712, s. 1
1Section
1. 946.475 of the statutes is created to read:
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2946.475 Harboring juvenile who has absconded, escaped or run away. 3(1) In this section:
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(a) "Court" means the court assigned to exercise jurisdiction under ch. 48 or
5938.
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(b) "Custody" has the meaning given in s. 946.42 (1) (a).
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(c) "Escape" has the meaning given in s. 946.42 (1) (b).
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1(d) "Guardian" means the person named by a court to have the duty and
2authority of guardianship of a juvenile.
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(e) "Juvenile" means a person who has not attained 18 years of age.
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(f) "Legal custodian" means a person, other than a parent or guardian, or an
5agency to whom legal custody of a juvenile has been transferred by a court, but does
6not include a person who has only physical custody of the juvenile.
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(g) "Legal custody" means a legal status created by the order of a court, which
8confers the right and duty to protect, train and discipline a juvenile, and to provide
9food, shelter, legal services, education and ordinary medical and dental care, subject
10to the rights, duties and responsibilities of the guardian of the juvenile and subject
11to any residual parental rights and responsibilities and the provisions of any court
12order.
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(h) "Parent" means either a biological parent, a husband who has consented to
14the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the
15juvenile is a nonmarital child who is not adopted or whose parents do not
16subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a
17judicial proceeding to be the biological father. "Parent" does not include any person
18whose parental rights have been terminated.
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(i) "Physical custody" means actual custody of the person in the absence of an
20order of a court granting legal custody to the physical custodian.
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(j) "Relative" has the meaning given in s. 48.02 (15).
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22(2) Whoever knowingly harbors or aids a juvenile after the juvenile does any
23of the following is guilty of a Class A misdemeanor:
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(a) The juvenile runs away from his or her parents, guardian, legal custodian
25or person who has physical custody of the juvenile.
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1(b) The juvenile intentionally fails to appear before a court for a hearing in any
2proceeding under ch. 48 or 938.
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(c) The juvenile escapes from custody.
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4(3) Subsection (2) (a) does not apply to any of the following:
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(a) A home licensed under s. 48.48 or 48.75 that is providing housing or services
6to a juvenile as provided in s. 48.227.
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(b) A parent or grandparent of a juvenile.
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(c) A person who, within 24 hours after the time that the juvenile joins the
9person, does any of the following:
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1. Notifies a parent, guardian or legal custodian of a runaway juvenile that the
11juvenile is with the person.
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2. Requests any of the following to notify a parent, guardian or legal custodian
13of a runaway juvenile that the juvenile is with the person:
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a. A child welfare agency licensed under s. 48.60.
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b. A home licensed under s. 48.48 or 48.75 that provides housing and services
16to juveniles under s. 48.227.
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c. A law enforcement agency.
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(d) A relative other than a relative specified in par. (b) who, within 48 hours
19after the time that the juvenile joins the relative, does any of the following:
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1. Notifies a parent, guardian or legal custodian of a runaway juvenile that the
21juvenile is with the relative.
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2. Requests any of the following to notify a parent, guardian or legal custodian
23of a runaway juvenile that the juvenile is with the relative:
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a. A child welfare agency licensed under s. 48.60.
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1b. A home licensed under s. 48.48 or 48.75 that provides housing and services
2to juveniles under s. 48.227.
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c. A law enforcement agency.
