§ 1021 — Temporary removal with consent

New York § 1021

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Temporary Removal and Preliminary Orders
• Art. 10: Child Protective Proceedings

Text

§ 1021. Temporary removal with consent. A peace officer, acting\npursuant to his or her special duties, or a police officer or an agent\nof a duly authorized agency, association, society or institution may\ntemporarily remove a child from the place where he or she is residing\nwith the written consent of his or her parent or other person legally\nresponsible for his or her care, if the child is suspected to be an\nabused or neglected child under this article. The officer or agent\nshall, coincident with consent or removal, give written notice to the\nparent or other person legally responsible for the child's care of the\nright to apply to the family court for the return of the child pursuant\nto section one thousand twenty-eight of this article, and of the right\nto be represented by counsel and the procedures for those who are\nindigent to obtain counsel in proceedings brought pursuant to this\narticle. Such notice shall also include the name, title, organization,\naddress and telephone number of the person removing the child; the name,\naddress and telephone number of the authorized agency to which the child\nwill be taken, if available; and the telephone number of the person to\nbe contacted for visits with the child. A copy of the instrument whereby\nthe parent or legally responsible person has given such consent to such\nremoval shall be appended to the petition alleging abuse or neglect of\nthe removed child and made a part of the permanent court record of the\nproceeding. A copy of such instrument and notice of the telephone number\nof the child protective agency to contact to ascertain the date, time\nand place of the filing of the petition and of the hearing that will be\nheld pursuant to section one thousand twenty-seven of this article shall\nbe given to the parent or legally responsible person. Unless the child\nis returned sooner, a petition shall be filed within three court days\nfrom the date of removal. In such a case, a hearing shall be held no\nlater than the next court day after the petition is filed and findings\nshall be made as required pursuant to section one thousand twenty-seven\nof this article.\n