Current through 2021 Legislative Session
Section 19-1-112 - Search warrants for the protection of children(1) A search warrant may be issued by the juvenile court to search any place for the recovery of any child within the jurisdiction of the court believed to be a delinquent child or a neglected or dependent child.(2) Such warrant shall be issued only on the conditions that the application for the warrant shall: (a) Be in writing and supported by affidavit sworn to or affirmed before the court;(b) Name or describe with particularity the child sought;(c) State that the child is believed to be a delinquent child or a neglected or dependent child and the reasons upon which such belief is based;(d) State the address or legal description of the place to be searched;(e) State the reasons why it is necessary to proceed pursuant to this section.(3) If the court is satisfied that grounds for the application exist or that there is probable cause to believe that they exist, it shall issue a search warrant identifying by name or describing with particularity the child sought and the place to be searched for the child.(4) The search warrant shall be directed to any officer authorized by law to execute it in the county wherein the place to be searched is located.(5) The warrant shall state the grounds or probable cause for its issuance and the names of the persons whose affidavits have been taken in support thereof.(6) The warrant shall be served in the daytime unless the application for the warrant alleges that it is necessary to conduct the search at some other time, in which case the court may so direct.(7) A copy of the warrant, the application therefor, and the supporting affidavit shall be served upon the person in possession of the place to be searched and where the child is to be sought.(8) If the child is found, the child may be taken into custody pursuant to section 19-2.5-209 or 19-3-401.(9) The warrant shall be returned to the issuing court.Amended by 2021 Ch. 136,§ 63, eff. 10/1/2021.L. 87: Entire title R&RE, p. 703, § 1, effective October 1.