A. Once a child is the subject of a deprived child proceeding, any party may file a verified application for an emergency hearing that demonstrates harm or threatened harm to the health, safety or welfare of that child. Upon receipt of the application for emergency hearing, the court shall have seventy-two (72) hours to conduct a hearing. If the court fails to conduct a hearing within that time, the movant may present the application for emergency hearing to the presiding judge or the presiding juvenile judge of the judicial district who shall conduct an emergency hearing within twenty-four (24) hours of receipt of the application.

B. Nothing in this section shall prohibit a court from issuing an emergency order sua sponte to protect the health, safety and welfare of a child subject to a deprived child proceeding in juvenile court pending hearing on the application.

C. If the court finds that any relevant information provided to the court upon which the court relied to make its emergency order decision to be false, the court shall assess against the movant all costs, attorney fees and other expenses incurred as a result of the emergency hearing. The movant shall pay all such costs, fees and expenses within thirty (30) days. Failure to make this payment shall be grounds for contempt, punishable by six (6) months in the county jail, a fine not to exceed One Thousand Dollars ($1,000.00), or by both imprisonment and fine.

Added by Laws 2014, c. 151, § 1, eff. Nov. 1, 2014.