822.46.Role of law enforcement.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
Full Text of Section 822.46
Plain-English Summary
Section 822.46 connects law enforcement to the prosecutor’s role described in s. 822.45. Once a prosecutor requests it, an officer may take any lawful action reasonably necessary to locate a child or a party in the case, and to help the prosecutor carry out the responsibilities set out in that section.
The section keeps the officer’s authority tied to the prosecutor’s request rather than granting officers independent standing to act on their own initiative in these cases; the trigger is the prosecutor asking for that assistance.
Frequently Asked Questions
Can police help locate a missing child in a custody case?
Yes, at the request of a prosecutor acting under s. 822.45, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party under Section 822.46.
Does an officer need the prosecutor to ask first?
Yes. Section 822.46 ties the officer’s authority to a request from a prosecutor acting under s. 822.45.
What kind of assistance can law enforcement provide under this section?
Any lawful action reasonably necessary to locate a child or a party, and to assist the prosecutor with the responsibilities described in s. 822.45.
Is this section limited to finding the child, or does it cover finding a parent too?
It covers both. The section refers to locating a child or a party, not just the child.
Does this section give officers authority beyond what the prosecutor is doing under s. 822.45?
No. Section 822.46 authorizes officers to assist the prosecutor with the prosecutor’s own responsibilities under s. 822.45, rather than creating a separate, independent track for law enforcement.
Amendment History
History: 2005 a. 130.