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. Enacted June 1, 2017. Effective October 1, 2017.
Bill Summaries: S53 LAW ENFORCEMENT AUTHORITY/CUSTODY OF CHILD.
Summary date: Jun 1 2017 - View Summary
Summary date: May 10 2017 - View Summary
House committee substitute makes the following changes to the 2nd edition.
Makes organizational changes to the act.
Deletes the proposed language of new subsection (c) in GS 50-13.3, instead establishing that a warrant to take physical custody of a child issued by a court pursuant to GS 50A-311 is enforceable throughout North Carolina (previously, specified requirements for an application for a warrant for custody and stated that a warrant applied in foreign and domestic child custody determinations).
Makes technical changes to the proposed new provisions in subsection (d) in GS 50-13.5 (Procedure in actions for custody or support of minor children).
Modifies the proposed amendments to subsection (e) in GS 50A-311 (Warrant to take physical custody of a child). Reinstates the existing language to permit a court to authorize law enforcement officers to enter private property to take physical custody of a child upon finding that a less intrusive remedy is not available (previously, upon finding a less intrusive remedy is not reasonably effective). Makes conforming changes. Deletes the proposed provision permitting a court to authorize law enforcement officers to use reasonable force to effectuate the terms and purposes of the order or warrant for custody. Clarifies that an officer executing a warrant for custody is not required to inquire into the regularity and continued validity of the order so long as the warrant is complete and regular on its face. Makes organizational and technical changes.
Summary date: Apr 25 2017 - View Summary
Senate committee substitute makes the following changes to the 1st edition:
Replaces proposed amendment to GS 50-13.5 with an amendment requiring temporary custody orders requiring a law enforcement officer to take physical custody of a minor child to be accompanied by a Warrant to Take Physical Custody of a Minor Child.
Amends GS 50-13.3, authorizing any court having jurisdiction to make an award of custody of a minor child to issue a Warrant to Take Physical Custody of a Minor Child upon the filing of a verified application for the warrant alleging that the child is in imminent danger of serious physical harm or of being removed from the State.
Amends GS 50A-311 (Warrant to take physical custody of a child). Directs the court to make its finding that a less intrusive remedy is not reasonably available (currently, not effective) on the basis of the petition and request for custody or the testimony of the petitioner (currently just testimony of the petitioner). Authorizes law enforcement officers to take physical custody of the child or children (currently just child). Authorizes the law enforcement officer to use reasonable force as necessary to effectuate the terms and purposes of the order or warrant for custody, and does not require the officer to inquire into the regularity or continued validity of the order. Protects the officer from criminal or civil liability for his or her service.
Summary date: Feb 8 2017 - View Summary
Current law, GS 50-13.5(d)(3), allows a court to enter a temporary order that changes the living arrangements or custody of a child ex parte and without prior service of process or notice if the court finds that (1) the child is exposed to a substantial risk of bodily injury or sexual abuse or (2) that there is a substantial risk that the child may be abducted or removed from the State for the purpose of evading the jurisdiction of the courts. This act adds the requirement that such a temporary order for custody be in writing. Further, requires the court to direct a law enforcement officer or another authorized person to take physical custody of the juvenile and to make due return on the order. Additionally, requires the executing official to give a copy of the order to the juvenile's parent, guardian, custodian, or caretaker.
Grants authority to an officer receiving the order that is complete and regular on its face to execute the order according to its terms. Allows the court to authorize an officer to enter private property and take physical custody of a juvenile if the court finds that a less intrusive remedy is not available. Further, allows the court to authorize an officer to make forcible entry at any hour if required by exigent circumstances. Provides that an officer is not required to inquire into the regularity or validity of the order, and grants criminal and civil immunity for its due service.
Requires a temporary order issued pursuant to GS 50-13.5(d)(3) to proceed as an abuse, neglect, dependency matter in accordance with GS Chapter 7B.
Effective October 1, 2017, and applies to orders for temporary custody on or after that date.