(UCCJEA 311). (a) Upon the filing of a petition seeking enforcement of a child-custody determination,
the petitioner may file a verified application for the issuance of a warrant to take
physical custody of the child if the child is immediately likely to suffer serious
physical harm or be removed from this state.
(b) If the court, upon the testimony of the petitioner or other witness, finds that
the child is imminently likely to suffer serious physical harm or be removed from
this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed
unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
The application for the warrant must include the statements required by subsection
(b) of K.S.A. 23-37,308, and amendments thereto.
(c) A warrant to take physical custody of a child must:
(1) Recite the facts upon which a conclusion of imminent serious physical harm or
removal from the jurisdiction is based;
(2) direct law enforcement officers to take physical custody of the child immediately;
(3) provide for the placement of the child pending final relief.
(d) The respondent must be served with the petition, warrant, and order immediately
after the child is taken into physical custody.
(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.
(f) The court may impose conditions upon placement of a child to ensure the appearance
of the child and the child's custodian.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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