Rule 34a-23. Motion for Emergency Relief

(a) Notwithstanding the above provisions, any party may file a motion for emergency relief, seeking an order directed to the parents, guardians, custodians or other adult persons owing some legal duty to the child or youth, as deemed necessary or appropriate to secure the welfare, protection, proper care and suitable support of a child or youth before this court for the protection of the child or youth. Such orders include, but are not limited to, an order for access to the family home, an order seeking medical exam or mental health exam or treatment of the child or youth, an order to remedy a dangerous condition in the family or foster home, an order to provide or to accept and cooperate with certain services, or an order prohibiting the removal of the child or youth from the state or the home. Such motions may be heard at the next short calendar; however, if the exigencies of the situation demand, the judicial authority may order immediate ex parte relief, pending an expeditious hearing.

(b) No motion for emergency relief shall be granted without notice to each party unless the applicant certifies one of the following to the court in writing:

(1) facts showing that within a reasonable time prior to presenting the motion the moving party gave notice to all other parties of the time when and the place where the motion would be presented and provided a copy of the motion; or

(2) the moving party in good faith attempted but was unable to give notice to the other parties, specifying the efforts made to contact such parties; or

(3) facts establishing good cause why the moving party should not be required to give notice to other parties. CHAPTER 35 GENERAL PROVISIONS [Repealed as of Jan. 1, 2003.]

Committee Notes

amended June 14, 2024, to take effect Jan. 1, 2025.)