§ 5209. Warrant to take physical custody of child
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: April 22, 2014
Effective: April 22, 2014
23 Pa.C.S.A. § 5209
§ 5209. Warrant to take physical custody of child
(b) Hearing.--The respondent on a petition under subsection (a) must be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.
(d) Search of databases.--If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the National Crime Information Center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking or child abuse or neglect.
(2) If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.
Credits
2014, Jan. 22, P.L. 8, No. 5, § 1, effective in 90 days [April 22, 2014].
23 Pa.C.S.A. § 5209, PA ST 23 Pa.C.S.A. § 5209
Current through Act 92 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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