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 it finds evidence of abuse or neglect, as defined in Section 26-14-1. The bill stipulates 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 county Department of Human Resources. The court must document that the parent or custodian cannot provide appropriate care and that it is against the child's welfare to remain in their home.

Additionally, the bill mandates that immediate verbal and written notice of the emergency order be provided to the Department of Human Resources, which will then fulfill its responsibilities under Chapter 14 of Title 26. 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. No deletions from current law are specified in the text provided.

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