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Title XXX DOMESTIC RELATIONS

Chapter 452

previous next Effective - 28 Aug 2009bottom

  452.885.  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 likely to suffer serious imminent physical harm or removal from this state.

  2.  If the court, upon the testimony of the petitioner or other witnesses, finds that the child is likely to suffer serious imminent physical harm or be imminently removed from this state, the court may issue a warrant to take physical custody of the child.  The petition shall be heard on the next judicial day after the warrant is executed.  The warrant shall include the statements required under subsection 2 of section 452.870.

  3.  A warrant to take physical custody of a child shall:

  (1)  Recite the facts which a conclusion of serious imminent 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.

  4.  The respondent shall 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, the court may authorize law enforcement officers to enter private property to take physical custody of the child.  If required by the exigency of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

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

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(L. 2009 H.B. 481)


---- end of effective   28 Aug 2009 ----

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