SECTIONS 3130-3135 - California Statutes

FAMILY.CODE

SECTION 3130-3135

3130. If a petition to determine custody of a child has been filed
in a court of competent jurisdiction, or if a temporary order pending
determination of custody has been entered in accordance with Chapter
3 (commencing with Section 3060), and the whereabouts of a party in
possession of the child are not known, or there is reason to believe
that the party may not appear in the proceedings although ordered to
appear personally with the child pursuant to Section 3430, the
district attorney shall take all actions necessary to locate the
party and the child and to procure compliance with the order to
appear with the child for purposes of adjudication of custody. The
petition to determine custody may be filed by the district attorney.

3131. If a custody or visitation order has been entered by a court
of competent jurisdiction and the child is taken or detained by
another person in violation of the order, the district attorney shall
take all actions necessary to locate and return the child and the
person who violated the order and to assist in the enforcement of the
custody or visitation order or other order of the court by use of an
appropriate civil or criminal proceeding.

3132. In performing the functions described in Sections 3130 and
3131, the district attorney shall act on behalf of the court and
shall not represent any party to the custody proceedings.

3133. If the district attorney represents to the court, by a
written declaration under penalty of perjury, that a temporary
custody order is needed to recover a child who is being detained or
concealed in violation of a court order or a parent's right to
custody, the court may issue an order, placing temporary sole
physical custody in the parent or person recommended by the district
attorney to facilitate the return of the child to the jurisdiction of
the court, pending further hearings. If the court determines that it
is not in the best interest of the child to place temporary sole
physical custody in the parent or person recommended by the district
attorney, the court shall appoint a person to take charge of the
child and return the child to the jurisdiction of the court.

3134. (a) When the district attorney incurs expenses pursuant to
this chapter, including expenses incurred in a sister state, payment
of the expenses may be advanced by the county subject to
reimbursement by the state, and shall be audited by the Controller
and paid by the State Treasury according to law.
(b) The court in which the custody proceeding is pending or which
has continuing jurisdiction shall, if appropriate, allocate liability
for the reimbursement of actual expenses incurred by the district
attorney to either or both parties to the proceedings, and that
allocation shall constitute a judgment for the state for the funds
advanced pursuant to this section. The county shall take reasonable
action to enforce that liability and shall transmit all recovered
funds to the state.

3134.5. (a) Upon request of the district attorney, the court may
issue a protective custody warrant to secure the recovery of an
unlawfully detained or concealed child. The request by the district
attorney shall include a written declaration under penalty of perjury
that a warrant for the child is necessary in order for the district
attorney to perform the duties described in Sections 3130 and 3131.
The protective custody warrant for the child shall contain an order
that the arresting agency shall place the child in protective
custody, or return the child as directed by the court. The protective
custody warrant may be served in any county in the same manner as a
warrant of arrest and may be served at any time of the day or night.
(b) Upon a declaration of the district attorney that the child has
been recovered or that the warrant is otherwise no longer required,
the court may dismiss the warrant without further court proceedings.

3135. Part 3 (commencing with Section 3400) does not limit the
authority of a district attorney or arresting agency to act pursuant
to this chapter, Section 279.6 of the Penal Code, or any other
applicable law.