§ 14-13-311 — Warrant to take physical custody of child

(1) Upon the filing of a
petition seeking enforcement of a child-custody determination, the petitioner may
file a verified application for the issuance of a warrant to take physical custody of
the child if the child is immediately likely to suffer serious physical harm or be
removed from this state.

(2) If the court, upon the testimony of the petitioner or other witness, finds
that the child is imminently likely to suffer serious physical harm or be removed
from this state, it may issue a warrant to take physical custody of the child. The
petition must be heard on the next judicial day after the warrant is executed unless
that date is impossible. In that event, the court shall hold the hearing on the first
judicial day possible. The application for the warrant must include the statements
required by section 14-13-308 (2).

(3) A warrant to take physical custody of a child must:

(a) Recite the facts upon which a conclusion of imminent serious physical
harm or removal from the jurisdiction is based;

(b) Direct law enforcement officers to take physical custody of the child
immediately; and

(c) Provide for the placement of the child pending final relief.

(4) The respondent must be served with the petition, warrant, and order
immediately after the child is taken into physical custody.

(5) A warrant to take physical custody of a child is enforceable throughout
this state. If the court finds on the basis of the testimony of the petitioner or other
witness that a less intrusive remedy is not effective, it may authorize law
enforcement officers to enter private property to take physical custody of the child.
If required by exigent circumstances of the case, the court may authorize law
enforcement officers to make a forcible entry at any hour.

(6) The court may impose conditions upon placement of a child to ensure the
appearance of the child and the child's custodian.

Legislative History

Source: L. 2000: Entire article R&RE, p. 1536, � 1, effective July 1.