HB54INTRODUCED
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HB54
QT7A554-1
By Representative Simpson
RFD: Judiciary
First Read: 04-Feb-25
PFD: 01-Oct-24
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6 QT7A554-1 09/17/2024 CNB (L)bm 2024-2573
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PFD: 01-Oct-24
SYNOPSIS:
Under existing law, a juvenile court may issue
an emergency ex parte order of protection or restraint
upon a showing of verified written or verbal evidence
of abuse or neglect.
This bill would provide that a circuit court and
district court may also issue an emergency ex parte
order of protection or restraint in certain
circumstances.
A BILL
TO BE ENTITLED
AN ACT
Relating to child custody; to add Section 30-3-11 to
the Code of Alabama 1975, to allow a circuit or district court
to issue an ex parte order of protection or restraint in
certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 30-3-11 is added to the Code of
Alabama 1975, to read as follows:
ยง30-3-11
(a) For the purposes of this section, "department"
means the local county department of human resources as
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means the local county department of human resources as
described in Section 38-2-8.
(b) Pending all petitions for divorce or legal
separation, or other actions seeking modification,
interpretation, or enforcement of a final decree, the court
may issue an emergency ex parte order of protection or
restraint upon making specific findings of evidence of abuse
or neglect of a child, as defined in Section 26-14-1.
(c) The court entering an emergency ex parte order may
order the child removed from his or her parent or legal
custodian and placed into the custody of an appropriate
relative as determined by the court. If no relative is found,
the court may place the child into the temporary protective
custody of the department. The court shall include in its
order specific findings that no parent or legal custodian of
the child is able to provide appropriate care and protection
to the child based on the evidence the court relied upon and
that it is contrary to the welfare of the child to remain in
the home of a parent or legal guardian.
(d) Immediate verbal and written notice and copies of
the order shall be given to the department pursuant to Section
26-14-3. Upon notice, the department shall proceed in
accordance with the duties set forth under Chapter 14 of Title
26. The department may give or cause to be given effective
consent for medical, dental, health, and hospital services as
needed for the child.
(e) The emergency ex parte order shall remain in effect
until the juvenile court, exercising jurisdiction pursuant to
Section 12-15-114, conducts a hearing pursuant to Section
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Section 12-15-114, conducts a hearing pursuant to Section
12-15-308, on a petition filed by a relative, the department,
or by the court that entered the emergency ex parte order. The
juvenile court may ratify the emergency ex parte order or
enter its own order upon the conclusion of a hearing.
Section 2. This act shall become effective on June 1,
2025.
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