ROBERT L. EHRLICH, JR., Governor                             Ch. 502

9.5-311.

(A)     ON 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)     (1) IF THE COURT, ON 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.

(2)      (I) THE PETITION SHALL BE HEARD ON THE NEXT JUDICIAL DAY
AFTER THE WARRANT IS EXECUTED UNLESS THAT DATE IS IMPOSSIBLE.

(II) IN THAT EVENT, THE COURT SHALL HOLD THE HEARING ON
THE FIRST JUDICIAL DAY POSSIBLE.

(3)     THE APPLICATION FOR THE WARRANT SHALL INCLUDE THE
STATEMENTS REQUIRED BY § 9.5-308(B) OF THIS SUBTITLE.

(C)     A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD SHALL:

(1)      RECITE THE FACTS ON 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; AND

(3)      PROVIDE FOR THE PLACEMENT OF THE CHILD PENDING FINAL
RELIEF.

(D)     THE RESPONDENT SHALL BE SERVED WITH THE PETITION, WARRANT,
AND ORDER IMMEDIATELY AFTER THE CHILD IS TAKEN INTO PHYSICAL CUSTODY.

(E)     (1) A WARRANT TO TAKE PHYSICAL CUSTODY OF A CHILD IS
ENFORCEABLE THROUGHOUT THIS STATE.

(2)      IF THE COURT FINDS ON THE BASIS OF THE TESTIMONY OF THE
PETITIONER OR OTHER WITNESS THAT A LESS INTRUSIVE REMEDY IS NOT
EFFECTIVE, THE COURT MAY AUTHORIZE LAW ENFORCEMENT OFFICERS TO ENTER
PRIVATE PROPERTY TO TAKE PHYSICAL CUSTODY OF THE CHILD.

(3)      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 ON PLACEMENT OF A CHILD TO
ENSURE THE APPEARANCE OF THE CHILD AND THE CHILD'S CUSTODIAN.

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