§ 15-14.1-33 - Warrant to take physical custody of child.
SECTION 15-14.1-33
§ 15-14.1-33 Warrant to take physicalcustody of child. – (a) Upon the filing of a petition seeking enforcement of a child custodydetermination, the petitioner may file a verified application for the issuanceof a warrant to take physical custody of the child if the child is immediatelylikely to suffer serious physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner orother witness, finds that the child is imminently likely to suffer seriousphysical harm or be removed from this state, it may issue a warrant to takephysical custody of the child. The petition must be heard on the next judicialday after the warrant is executed unless that date is impossible. In thatevent, the court shall hold the hearing on the first judicial day possible. Theapplication for the warrant must include the statements required by thischapter.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminentserious physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custodyof the child immediately; and
(3) Provide for the placement of the child pending finalrelief.
(d) The respondent must be served with the petition, warrant,and order immediately after the child is taken into physical custody.
(e) A warrant to take physical custody of a child isenforceable throughout this state. If the court finds on the basis of thetestimony of the petitioner or other witness that a less intrusive remedy isnot effective, it may authorize law enforcement officers to enter privateproperty to take physical custody of the child. If required by exigentcircumstances of the case, the court may authorize law enforcement officers tomake a forcible entry at any hour.
(f) The court may impose conditions upon placement of a childto ensure the appearance of the child and the child's custodian.