19-9-91
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19-9-91.
(a)
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.
(b)
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 subsection (b) of Code Section 19-9-88.
(c)
A warrant to take physical custody of a child must:
(1)
Recite the facts upon which a conclusion of imminent serious physical harm or
removal from the jurisdiction is based;
(2)
Direct law enforcement officers to take physical custody of the child
immediately; and
(3)
Provide for the placement of the child pending final relief.
(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 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.
(f)
The court may impose conditions upon placement of a child to ensure the
appearance of the child and the child´s custodian.