Emergency protective and removal orders; party shall file in circuit court any petition therefor. (SB436)

Introduced By

Sen. John Edwards (D-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Appeals of emergency protective and removal orders.  Provides that a party shall file in circuit court, which shall hear and determine, any petition for a preliminary protective/removal order if (i) the party previously filed in juvenile and domestic relations district court a petition for an emergency protective/removal order; (ii) the juvenile and domestic relations district court issued such order for the emergency protection/removal of a child; (iii) a timely appeal of the order was filed by the parent, guardian, legal custodian, or other person standing in loco parentis of the child; (iv) the circuit court set a hearing on the appeal for a date certain or on a motions docket to be heard within five days of the entry of the emergency protective/removal order; and (v) the purpose for which the party seeks a petition for a preliminary protective/removal order is for the protection/removal of the same child. The juvenile and domestic relations district courts shall be divested of the right to enter any preliminary protective/removal order that involves the same child if all of the conditions set forth in clauses (i) through (v) exist. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/13/2010Prefiled and ordered printed; offered 01/13/10 10100596D
01/13/2010Referred to Committee for Courts of Justice
01/14/2010Assigned Courts sub: Civil
02/15/2010Left in Courts of Justice (15-Y 0-N)
02/16/2010Left in Courts of Justice

Comments

Marsha Maines writes:

allows an agency or un-named "party" to petition the court to remove a child - looks fishy to me