In Florida, “Sheltering a Child” refers to the legal implications and charges that arise when a person unlawfully harbors or provides shelter to a child in certain circumstances. The specific nature of the charge can vary depending on the situation, but generally, it involves issues of custody, parental rights, and the protection of minors.
Hernando County Sheltering a Child Attorneys
It’s human nature to want to help others. However, the state of Florida frowns on unvetted strangers providing shelter to runaway children for reasons related to child safety.
If you have been accused of sheltering a child without notifying the police, then you may be subject to a high-level misdemeanor charge. In that case, you need to contact experienced family and criminal defense attorney Ashley Aulls.
Ashley Aulls has what it takes to build a strong and comprehensive defense while being open to the client’s needs and worries – client education and open communication. He serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your domestic violence or child sheltering case, call (352) 593-4115 today.
Information Center
- What is Sheltering a Child in Florida?
- Why is Sheltering a Child Illegal?
- Penalties for Sheltering a Child in Florida
- Common Defenses
- Additional Resources
- Hire a Sheltering a Child Defense Attorney in Hernando County, FL
Sheltering a Child in Florida
- Sheltering a Child: This term generally encompasses situations where an individual knowingly provides shelter to a child under circumstances that may be considered illegal or problematic. This can involve issues where the child is either a runaway, in the midst of a custody dispute, or in the company of someone who does not have legal authorization to care for the child.
- Child: In Florida law, a “child” is defined as an individual under the age of 18. The legal context of sheltering typically involves children who are minors and not legally capable of making decisions for themselves.
- Unlawful Sheltering: This occurs when an individual provides shelter to a child without proper legal authority or in violation of a court order or custody arrangement. It can also include situations where the person providing shelter is violating specific laws designed to protect children from harm or abduction.
There are two major situations related to sheltering a child. The first typically occurs during a custody dispute, where one parent “kidnaps” a child who the court says must be with the other parent, or allows the child to “run away” to live with the aforementioned parent.
The second situation relates to runaways – children escaping or believing themselves to escape a poor living situation with their parent(s). In this situation, the accused plays a part by allowing the child to stay with them.
The state requires that sheltered children are reported within 24 hours.
Why is Sheltering a Child Illegal?
It may seem like common sense to provide shelter to a runaway child, but there are legitimate reasons why such behavior is typically considered illegal. Primarily, there is no oversight, and rarely anyone to turn to if the child is abused in some way. Strangers taking care of children have an enormous power advantage and the possibility of abuse is much too high. This is why the state vets adults before they are allowed to be foster parents.
The logic for sheltering children is more or less the same as to why hitchhiking is typically illegal.
Penalties for Sheltering a Child in Florida
The penalties for sheltering a child in Florida can vary depending on the specific circumstances. However, in most cases Sheltering a Child is prosecuted as a Misdemeanor Charge.
A first-degree misdemeanor in Florida can result in up to one year in jail and a maximum fine of $1,000.
If the accused has agreed to move the child out of state, however, things can get serious. Law enforcement may view the attempt to move the child as evasion or kidnapping, which is punishable as a first-degree felony, which is punishable by up to 10 years in prison and/or a $10,000 fine. Kidnapping includes any unlawful holding of a child against their will.
Common Defenses
Defending against charges of sheltering a child requires a nuanced approach, considering the specific details of each case. Common defenses include:
- Lack of Knowledge: One potential defense is that the accused did not know the child was in a situation that constituted unlawful sheltering. For instance, if the person believed they were providing temporary refuge for a child in genuine need but did not realize it violated legal standards, this lack of intent might be a key defense. What happens during the sheltering matters. Proving that you had only the best of intentions is extremely important.
- Consent and Authorization: If the individual providing shelter had permission or authorization from the child’s legal guardian or custodian, this can be a strong defense. Demonstrating that the person was acting with the consent of those who had legal authority over the child can refute claims of unlawful sheltering.
- Emergency Situations: In some cases, sheltering a child might occur under emergency conditions where the person providing shelter was acting out of necessity or to protect the child from immediate harm. If the individual can show that their actions were necessary to ensure the child’s safety, this defense might mitigate the severity of the charges. However, in this step it is crucial to contact local police. If you are a safe provider, that may only need the name of the child and allow you to continue sheltering the child until the court can decide what to do.
Additional Resources
New Beginnings – New Beginnings is a youth shelter in Hernando County, FL. If you are currently sheltering a child, or considering doing so, it may be best to contact a local youth shelter for more specific information on how to approach the situation.
Runaway Brochure – The state of Florida has put together a brochure of information regarding child runaways, including shelter information and what to do if your child, or the child of someone you know, runs away.
Hire a Sheltering a Child Defense Attorney in Hernando County, FL
Contact experienced attorney Ashley Aulls if you have been charged with sheltering a child illegally.
Ashley Aulls serves Hernando County, Sumter County, Citrus County, or the surrounding areas, including Spring Hill, Brooksville, Timber Pines, Homosassa Springs, Floral City, and Bushnell.
To schedule your initial case consultation and find out what The Law Office of Ashley Aulls, P.A. can do for your domestic violence case, call (352) 593-4115 today.