Rule 10-311. Ex parte custody orders.

A. Issuance. If the department wishes to seek or retain custody at the time the petition is filed, or seek removal of a child from the home during a period of protective supervision in a pending abuse/neglect case, the department shall file a motion for an ex parte custody order with a sworn written statement of facts showing probable cause to believe (1) that the child has been abused or neglected and (2) that custody under the criteria set forth in Section 32A-4-18 NMSA 1978 is necessary. The motion and affidavit for the ex parte custody order shall be substantially in the form approved by the Supreme Court. B. Service. If the department has received custody from law enforcement, the order may be served with the petition. If the child is not yet in the custody of the department, the order shall be served on the respondent by a person authorized to serve arrest warrants.