Texas Family Code - Section 152.311. Warrant To Take Physical Custody Of Child

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§ 152.311. WARRANT TO TAKE PHYSICAL CUSTODY OF 
CHILD.  (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 imminently 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 Section 152.308(b).
	(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;  and
		(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.

Added by Acts 1999, 76th Leg., ch. 34, § 1, eff. Sept. 1, 1999.            

Last modified: August 10, 2007