38-1368. Warrant to take physical custody of child.

38-1368

Chapter 38.--MINORS Article 13.--CHILD CUSTODY JURISDICTION

      38-1368.   Warrant to take physical custody ofchild.(UCCJEA 311). (a) Upon the filing of a petition seekingenforcement of a child-custody determination, the petitioner may file averified application for the issuance of a warrant to take physical custodyof the child if the child is immediately likely to suffer serious physical harmor 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 orbe removed from this state, it may issue a warrant to take physical custodyof the child. The petition must be heard on the next judicial day after thewarrant is executed unless that date is impossible. In that event, the courtshall hold the hearing on the first judicial day possible. The applicationfor the warrant must include the statements required by subsection (b) ofK.S.A. 38-1365 and amendments thereto.

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

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

      (2)   direct law enforcement officers to take physical custody of the childimmediately; and

      (3)   provide for the placement of the child pending final relief.

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

      (e)   A warrant to take physical custody of a child is enforceable throughoutthis state. If the court finds on the basis of the testimony of the petitioneror other witness that a less intrusive remedy is not effective, it mayauthorize law enforcement officers to enter private property to take physicalcustody of the child. If required by exigent circumstances of the case, thecourt may authorize law enforcement officers to make a forcible entry at anyhour.

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

      History:   L. 2000, ch. 171, § 63; July 1.