A court may issue a temporary child protective order in an action by the department for the removal of an alleged perpetrator of child abuse or neglect under section 1 of this chapter without a hearing if the department's petition to remove the alleged perpetrator states facts sufficient to satisfy the court of all of the following:
- (1) There is an immediate danger to the physical health or safety of the child or the child has been a victim of sexual abuse.
- (2) There is not time for an adversary hearing given the immediate danger to the physical health or safety of the child.
- (3) The child is not in danger of child abuse or neglect from a parent or other adult with whom the child will continue to reside in the child's residence.
- (4) The issuance of a temporary child protective order is in the best interest of the child.
As added by P.L.52-2007, SEC.8.