Juvi violates probation and runs. He is found over 2 months later living with his dad. Is dad, who is well aware of his son's status, committing a crime by harboring or hiding his son?
Thanks!

The devil is almost always in the details, but it certainly sounds like a classic case of PenC sec. 38.05 "Hindering apprehension or prosecution." Depending on the legal custody of the child there also might be charges along the lines of custodial interference or even parental kidnapping, but I'm not familiar with their application.

In many such circumstances, however, charges are not bought. It can be hard to convince a jury that a parent should turn in their child, despite what the law might say.

I would like to point out that since the child is a child, a parent has the duty to feed, cloth, and house the child. So if you charge the dad for harboring, he could then say, "well, I have a legal duty to house my child and take care of him. I do not have a legal duty to turn him in to the law."

I had a similar situation here a couple of weeks ago: Girlfriend riding in car with boyfriend. Boyfriend has a blue warrant. Girlfriend tells officer his true name, and mentions that she thought he had a warrant out. Trooper wanted to file on her for harboring. I turned down the case because she didn't lie to the trooper about his identity. Her mentioning she thought he had a warrant doesn't prove she harbored him w/ intent to hinder his arrest. I don't read into 38.05 that parents, grandparents,spouses, girlfriends, friends, etc. have a duty to wrap up fugitives with a pretty bow and take them down to the nearest county jail for law enforcement. That's my take on it.

I guess we are fortunate to have an older more conservative jury pool. Kerr County has consistently successfully prosecuted 38.05 hindering charges on parents, siblings, aunts, boyfriends and girlfriends.

Typically our law enforcement will give the offender an opportunity to do the right thing and it is only when he or she does'nt that they file charges. Our cases can be distinguished from the situation cited above where the girlfriend stated she knew of a possible warrant. We typically only file cases after the defendant has been noticed ,and then attepts to hide the person or denies the correct name.

The familial relationship and mitigating circumstances are usually incorporated into the punishment.

Providing you can prove dad knew of the summons, I would not hesitate to file on the father.

I agree with Rex. The child is under a court order. Both parents are notified of the juvenile proceedings. Is the father in this case also violating a custody order? That can all make a difference. What about truancy? Did dad enroll the kid in a new school when the kid came to him? The situation deserves a careful look.