Bill Summary for S 53 (2017-2018)

Summary date: 

Feb 8 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 53 (Public) Filed Wednesday, February 8, 2017
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.
Intro. by J. Davis.

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Bill 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.

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