(1) The juvenile court is authorized to issue an ex parte written or verbal emergency protection order for the protection of a child pursuant to this section. A judge or magistrate shall be available in the juvenile court in each judicial district to issue by telephone emergency protection orders at all times when the juvenile court is otherwise closed for judicial business.
Any person who has the responsibility of supervising a child placed out of the homeby court order may seek an emergency protection order, through a P.O.S.T.-certified peace officer, when such person asserts reasonable grounds to believe that the child is in immediate and present danger based on an allegation that the child is absent without permission from the court-ordered placement.
An emergency protection order may include, but need not be limited to: (a) Restraining a person from threatening, molesting, or injuring the child;
Restraining a person from interfering with the supervision of the child;
Restraining a person from having contact with the child or the child's court-orderedresidence;
Restraining a person from harboring a child who is absent without permission from acourt-ordered placement.
An emergency protection order shall expire not later than the close of judicial business on the next day of judicial business following the day of issue, unless otherwise continued by the court. With respect to any continuing order, on two days' notice to the person who obtained the emergency protection order or on such shorter notice to that person as the court may prescribe, the responding person may appear and move for its dissolution or modification. The motion to dissolve or modify the emergency protection order shall be set for hearing at the earliest possible time and shall take precedence over all matters except any emergency protection orders issued earlier, and the court shall determine such motion as expeditiously as the ends of justice require.
(a) An emergency protection order may be issued only if the issuing judge or magistrate finds that an imminent danger exists to the welfare of a child based on an allegation that the child is absent without permission from the court-ordered placement. A verbal order shall be reduced to writing and signed by the peace officer through whom the emergency order was sought and shall include a statement of the grounds for the order asserted through the P.O.S.T.-certified peace officer. An order initially written shall meet the same requirement as an order issued verbally.
(b) The emergency protection order shall be served upon the respondent with a copy given to the person who sought the order and filed with the juvenile court as soon as practicable after issuance. If any person named as a respondent in an order issued pursuant to this section has not been served personally with the order but has received actual notice of the existence and substance of the order from any sheriff, deputy sheriff, or police officer, any act in violation of the order may be deemed by the juvenile court a violation of the order and as such may be sufficient to subject the respondent to the order to any penalty for such violation. If the law enforcement agency having jurisdiction to enforce the emergency protection order has cause to believe that a violation of the order has occurred, it shall enforce the order.
The issuance of an emergency protection order shall not be considered evidence ofany wrongdoing.
A law enforcement officer who acts in good faith and without malice shall not beheld civilly or criminally liable for acts performed pursuant to this section.
Source: L. 87: Entire title R&RE, p. 704, § 1, effective October 1. L. 91: (1) and (5)(a) amended, p. 362, § 27, effective April 9. L. 2003: (2) and (5)(a) amended, p. 1632, § 79, effective August 6.
Editor's note: This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-3110.1 as said section existed in 1986, the year prior to the repeal and reenactment of this title.