SB 53 — Law Enforcement Authority/Custody of Child.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 21 SENATE BILL 53 Judiciary Committee Substitute Adopted 4/25/17 Short Title:

Senator J.

Davis (Primary Sponsor).

Rules and Operations of the Senate February 9, 2017 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO OBTAIN CUSTODY OF A CHILD UPON DETERMINATION BY THE COURT THAT THE CHILD IS IN DANGER.

– …... (3) A temporary order for custody which changes the living arrangements of a child or changes custody shall not be entered ex parte and prior to service of process or notice, unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina courts.

(3) A temporary order for custody orderwhich thatchanges requiresthe living arrangements of a lawchild enforcementor officerchanges custody shall not be entered ex parte and prior to takeservice physicalof custodyprocess or notice, unless the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a minorsubstantial risk that the child shallmay be accompaniedabducted byor aremoved Warrantfrom tothe TakeState Physicalof CustodyNorth ofCarolina afor Minorthe Childpurpose asof setevading forththe injurisdiction G.S.of North Carolina courts.

50A-311."If SECTIONthe 2.court finds a temporary order for custody is warranted pursuant to this subdivision, the temporary custody order shall be in writing and shall direct a law enforcement officer or other authorized person to take physical custody of the juvenile and to make due return on the order.

G.S.A copy of the order shall be given to the juvenile's parent, guardian, custodian, or caretaker by the official executing the order.

50-13.3An officer receiving an order for custody which is amendedcomplete byand creatingregular aon newits subsectionface tomay read:execute it in accordance with its terms.

"(c)If Notwithstandingthe subsectionscourt (a)finds andon (b) of this section, upon the filingbasis of athe verifiedpetition applicationand request for atemporary warrant to take physical custody ofor a minor child that alleges the childtestimony is in imminent danger of sufferingthe seriouspetitioner physicalthat harma orless ofintrusive beingremedy removedis fromnot available, the State, any court ofmay thisauthorize State having jurisdiction to make an award of custody of a minorlaw childenforcement mayofficer issueto aenter warrantprivate property to take physical custody of athe minorjuvenile. child pursuant to G.S.

50A-311,If andrequired suchby provisionsexigent arecircumstances applicableof inthe foreigncase, orthe domesticcourt childmay custodyauthorize determinations."a SECTIONlaw 3.enforcement officer to make a forcible entry at any hour.

G.S.The officer is not required to inquire into the regularity or continued validity of the temporary order and shall not incur criminal or civil liability for its due service.

50A-311A readstemporary order issued by the court pursuant to this subdivision shall proceed as rewritten:an abuse, neglect, dependency matter in accordance with Chapter 7B of the General Statutes." SECTION 2.

"§ 50A-311.

Warrant to take physical custody of child.

… (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.If the court finds on the basis of the petition and request for custody or the testimony of the petitioner that a less intrusive remedy is not reasonably available, the court may authorize a law enforcement officer to enter private property to take physical custody of the child or children.

If required by exigent circumstances, the court may authorize a law enforcement officer to make a *S53-v-2* General Assembly Of North Carolina Session 2017 forcible entry at any hour and to use such reasonable force as is necessary to effectuate the terms and purposes of the order or warrant for custody.

The officer is not required to inquire into the regularity or continued validity of the order and shall not incur criminal or civil liability for its due service.

…." SECTION 4.

Page*S53-v-1* 2 Senate Bill 53-Second Edition