HB2428 Summary

• Adds definition of "exigent circumstances" as reasonable cause to believe immediate protective custody is necessary to protect a child from serious harm likely to occur before court order can be obtained.

• Amends "harm" definition to reference "child abuse or neglect" as defined in section 350-1, replacing previous detailed list of specific injury types.

• Modifies "imminent harm" definition to require that no reasonable efforts other than child removal from family home will prevent the harm, removing the 90-day intervention timeframe.

• Clarifies police authority to assume protective custody with family consent, court order, or when exigent circumstances exist without consent or court order.

• Authorizes Department of Human Services to assume temporary foster custody with consent, court order, or upon transfer of protective custody from police when exigent circumstances are present.

• Establishes judicial process allowing courts to issue protective custody orders ex parte (without notice or hearing) when accompanied by written declaration of facts establishing imminent harm.