Iowa Code 598B.311 – Warrant to take physical custody of child
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Terms Used In Iowa Code 598B.311
- Child: includes child by adoption. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
598B.311 Warrant to take physical custody of child.
1. 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 imminently likely to suffer serious physical harm or be removed from this state.
2. 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 § 598B.308, subsection 2.
3. A warrant to take physical custody of a child must provide all of the following:
a. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based.
b. Direct law enforcement officers to take physical custody of the child immediately.
c. Provide for the placement of the child pending final relief.
4. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
5. 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.
6. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
99 Acts, ch 103, §33
Referred to in §598B.309
1. 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 imminently likely to suffer serious physical harm or be removed from this state.
2. 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 § 598B.308, subsection 2.
3. A warrant to take physical custody of a child must provide all of the following:
a. Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based.
b. Direct law enforcement officers to take physical custody of the child immediately.
c. Provide for the placement of the child pending final relief.
4. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
5. 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.
6. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
99 Acts, ch 103, §33
Referred to in §598B.309