US Laws, Codes, Statutes & Cases

 
    §  77-j. 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 at imminent risk
  of suffering serious physical harm or of removal from this state.
    2. If the court,  upon  the  testimony  of  the  petitioner  or  other
  witness,  finds  that  the  child  is  likely to suffer imminent serious
  physical harm or to be removed from this state, it may issue  a  warrant
  to   take  physical  custody  of  the  child.  Except  in  extraordinary
  circumstances, the petition must be heard on the next  court  day  after
  the warrant is executed. Any adjournment for extraordinary circumstances
  shall  be  for  not  more than three court days. The application for the
  warrant must include the  statements  required  by  subdivision  two  of
  section seventy-seven-g of this title.
    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  deliver  the  child to the petitioner or, where
  necessary, to act jointly with the local  child  protective  service  to
  take immediate steps to protect the child; 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  in  order  to execute the warrant and take physical custody of
  the child.  If  required  by  exigent  circumstances  of  the  case  and
  necessary  to  the  protection of the child, 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.