78B-16-109 - Warrant to take physical custody of child.
78B-16-109. Warrant to take physical custody of child.
(1) If a petition under this chapter contains allegations, and the court finds that there is acredible risk that the child is imminently likely to be wrongfully removed, the court may issue anex parte warrant to take physical custody of the child.
(2) The respondent on a petition under Subsection (1) must be afforded an opportunity tobe heard at the earliest possible time after the ex parte warrant is executed, 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.
(3) An ex parte warrant under Subsection (1) to take physical custody of a child must:
(a) recite the facts upon which a determination of a credible risk of imminent wrongfulremoval of the child is based;
(b) direct law enforcement officers to take physical custody of the child immediately;
(c) state the date and time for the hearing on the petition; and
(d) provide for the safe interim placement of the child pending further order of the court.
(4) If feasible, before issuing a warrant and before determining the placement of the childafter the warrant is executed, the court may order a search of the relevant databases of theNational Crime Information Center system and similar state databases to determine if either thepetitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect.
(5) The petition and warrant must be served on the respondent when or immediately afterthe child is taken into physical custody.
(6) A warrant to take physical custody of a child, issued by this state or another state, isenforceable throughout this state. If the court finds that a less intrusive remedy will not beeffective, it may authorize law enforcement officers to enter private property to take physicalcustody of the child. If required by exigent circumstances, the court may authorize lawenforcement officers to make a forcible entry at any hour.
(7) If the court finds, after a hearing, that a petitioner sought an ex parte warrant underSubsection (1) for the purpose of harassment or in bad faith, the court may award the respondentreasonable attorney fees, costs, and other reasonable expenses and losses arising out of theissuance of the ex parte warrant.
(8) This chapter does not affect the availability of relief allowed under the law of thisstate other than this chapter.
Renumbered and Amended by Chapter 3, 2008 General Session