32-11-315. ROLE OF COUNTY PROSECUTING ATTORNEY. (a) In a case arising under this chapter or involving the Hague convention on the civil aspects of international child abduction, the county prosecuting attorney may take any lawful action, including resort to a proceeding under this chapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination if there is:
(1) An existing child custody determination;
(2) A request to do so from a court in a pending child custody proceeding;
(3) A reasonable belief that a criminal statute has been violated; or
(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague convention on the civil aspects of international child abduction.
(b) The county prosecuting attorney acting under this section acts on behalf of the court and may not represent any party.
History:
[32-11-315, added 2000, ch. 227, sec. 2, p. 639.]