38-13a09. Warrant to take physical custody of child.
38-13a09
38-13a09. Warrant to take physical custody ofchild.(a) If a petition under this act contains allegations, and thecourtfinds that there is acredible risk that the child is imminently likely to be wrongfully removed, thecourt may issue anex parte warrant to take physical custody of the child.
(b) The respondent on a petition under subsection (a) must be afforded anopportunity tobe heard at the earliest possible time after the ex parte warrant isexecuted,but not later than thenext judicial day unless a hearing on that date is impossible. In that event,the court shall holdthe hearing on the first judicial day possible.
(c) An ex parte warrant under subsection (a) to take physicalcustody of achild must:
(1) recite the facts upon which a determination of a credible risk ofimminentwrongful removal of the child is based;
(2) direct law enforcement officers to take physical custody of the childimmediately;
(3) state the date and time for the hearing on the petition; and
(4) provide for the safe interim placement of the child pending furtherorder of thecourt.
(d) If feasible, before issuing a warrant and before determining theplacement of the childafter the warrant is executed, the court may order a search of the relevantdatabases of thenational crime information center system and similar state databases todetermine if either thepetitioner or respondent has a history of domestic violence, stalking, orchild abuse or neglect.
(e) The petition and warrant must be served on the respondent when orimmediately afterthe child is taken into physical custody.
(f) A warrant to take physical custody of a child, issued by this state oranother state, isenforceable throughout this state. If the court finds that a less intrusiveremedy will not beeffective, it may authorize law enforcement officers to enter private propertyto take physicalcustody of the child. If required by exigent circumstances, the court mayauthorize lawenforcement officers to make a forcible entry at any hour.
(g) If the court finds, after a hearing, that a petitioner sought an exparte warrant undersubsection (a) for the purpose of harassment or in bad faith, the court mayaward the respondentreasonable attorney's fees, costs, and expenses.
(h) This act does not affect the availability of relief allowed under thelaw of this stateother than this act.
History: L. 2007, ch. 75, § 9; July 1.