The bill introduces a new section, Section 30-3-11, to the Code of Alabama 1975, which allows a circuit or district court to issue an emergency ex parte order of protection or restraint for a child in cases of 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 provide specific findings that no parent or legal custodian can provide appropriate care and protection, and that it is against the child's welfare to remain in the home.

The bill also outlines the process following the issuance of an emergency ex parte order. Immediate verbal and written notice, along with copies of the order, must be given to the Department of Human Resources, which will then proceed with its duties under Chapter 14 of Title 26, including giving consent for 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 enters 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, indicating that this is a new addition to the law rather than an amendment to existing statutes.

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