The bill introduces a new section, Section 30-3-11, to the Code of Alabama 1975, which allows circuit or district courts to issue emergency ex parte orders of protection or restraint in cases where there is specific evidence of child abuse or neglect, as defined in Section 26-14-1. This can occur during pending petitions for divorce, legal separation, or actions seeking modification, interpretation, or enforcement of a final decree. The court may remove the child from their parent or legal custodian and place them with an appropriate relative or, if no relative is available, into the temporary protective custody of the local county Department of Human Resources. The court must include specific findings in its order that no parent or legal custodian can provide appropriate care and protection for the child and that it is against the child's welfare to remain in the home.

The bill also stipulates that immediate verbal and written notice, along with copies of the order, must be given to the Department of Human Resources, which will then proceed according to its duties under Chapter 14 of Title 26. The department is authorized to consent to medical services for the child as needed. The emergency ex parte order remains in effect until the juvenile court conducts a hearing and either ratifies the emergency order or issues its own order. The act is set to become effective on June 1, 2024. There are no insertions or deletions marked in the provided text of the bill.

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