(1)The juvenile court is authorized
to issue an ex parte written or verbal emergency protection order for the protection
of a child pursuant to this section. A judge or magistrate shall be available in the
juvenile court in each judicial district to issue by telephone emergency protection
orders at all times when the juvenile court is otherwise closed for judicial business.
(2)Any person who has the responsibility of supervising a child placed out of
the home by court order may seek an emergency protection order, through a
P.O.S.T.-certified peace officer, when such person asserts reasonable grounds to
believe that the child is in immediate and present danger based on an allegation
that the child is absent without permission from the court-ordered placement.
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(1) The juvenile court is authorized
to issue an ex parte written or verbal emergency protection order for the protection
of a child pursuant to this section. A judge or magistrate shall be available in the
juvenile court in each judicial district to issue by telephone emergency protection
orders at all times when the juvenile court is otherwise closed for judicial business.
(2) Any person who has the responsibility of supervising a child placed out of
the home by court order may seek an emergency protection order, through a
P.O.S.T.-certified peace officer, when such person asserts reasonable grounds to
believe that the child is in immediate and present danger based on an allegation
that the child is absent without permission from the court-ordered placement.
(3) An emergency protection order may include, but need not be limited to:
(a) Restraining a person from threatening, molesting, or injuring the child;
(b) Restraining a person from interfering with the supervision of the child;
(c) Restraining a person from having contact with the child or the child's
court-ordered residence;
(d) Restraining a person from harboring a child who is absent without
permission from a court-ordered placement.
(4) An emergency protection order shall expire not later than the close of
judicial business on the next day of judicial business following the day of issue,
unless otherwise continued by the court. With respect to any continuing order, on
two days' notice to the person who obtained the emergency protection order or on
such shorter notice to that person as the court may prescribe, the responding
person may appear and move for its dissolution or modification. The motion to
dissolve or modify the emergency protection order shall be set for hearing at the
earliest possible time and shall take precedence over all matters except any
emergency protection orders issued earlier, and the court shall determine such
motion as expeditiously as the ends of justice require.
(5) (a) An emergency protection order may be issued only if the issuing judge
or magistrate finds that an imminent danger exists to the welfare of a child based
on an allegation that the child is absent without permission from the court-ordered
placement. A verbal order shall be reduced to writing and signed by the peace
officer through whom the emergency order was sought and shall include a
statement of the grounds for the order asserted through the P.O.S.T.-certified
peace officer. An order initially written shall meet the same requirement as an order
issued verbally.
(b) The emergency protection order shall be served upon the respondent
with a copy given to the person who sought the order and filed with the juvenile
court as soon as practicable after issuance. If any person named as a respondent in
an order issued pursuant to this section has not been served personally with the
order but has received actual notice of the existence and substance of the order
from any sheriff, deputy sheriff, or police officer, any act in violation of the order
may be deemed by the juvenile court a violation of the order and as such may be
sufficient to subject the respondent to the order to any penalty for such violation. If
the law enforcement agency having jurisdiction to enforce the emergency
protection order has cause to believe that a violation of the order has occurred, it
shall enforce the order.
(6) The issuance of an emergency protection order shall not be considered
evidence of any wrongdoing.
(7) A law enforcement officer who acts in good faith and without malice shall
not be held civilly or criminally liable for acts performed pursuant to this section.