The proposed bill adds Section 30-3-11 to the Code of Alabama 1975, allowing circuit or district courts to issue emergency ex parte orders of protection or restraint in cases involving child custody during divorce or legal separation proceedings. The court can issue such an order if there is evidence of abuse or neglect of a child, as defined in existing law. The bill specifies that the court may remove the child from their parent or legal custodian and place them with a suitable relative or, if no relative is available, into the temporary protective custody of the local Department of Human Resources. The court must provide specific findings that demonstrate the inability of the parent or custodian to ensure the child's safety and well-being.

Additionally, the bill mandates that immediate notice of the emergency order be given to the Department of Human Resources, which will then fulfill its responsibilities under existing child welfare laws. The emergency order will remain in effect until a juvenile court hearing is conducted, at which point the juvenile court may ratify the order or issue a new one. The act is set to take effect on June 1, 2024.

Statutes affected:
Introduced: 12-15-125, 12-15-141
Engrossed: 30-3-11