§ 1024 — Emergency removal without court order

New York § 1024

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

Text

§ 1024. Emergency removal without court order. (a) A peace officer,\nacting pursuant to his or her special duties, police officer, or a law\nenforcement official, or a designated employee of a city or county\ndepartment of social services shall take all necessary measures to\nprotect a child's life or health including, when appropriate, taking or\nkeeping a child in protective custody, and any physician shall notify\nthe local department of social services or appropriate police\nauthorities to take custody of any child such physician is treating,\nwithout an order under section one thousand twenty-two of this article\nand without the consent of the parent or other person legally\nresponsible for the child's care, regardless of whether the parent or\nother person legally responsible for the child's care is absent, if (i)\nsuch person has reasonable cause to believe that the child is in such\ncircumstance or condition that his or her continuing in said place of\nresidence or in the care and custody of the parent or person legally\nresponsible for the child's care presents an imminent danger to the\nchild's life or health; and\n (ii) there is not time enough to apply for an order under section one\nthousand twenty-two of this article.\n (b) If a person authorized by this section removes or keeps custody of\na child, he shall (i) bring the child immediately to a place approved\nfor such purpose by the local social services department, unless the\nperson is a physician treating the child and the child is or will be\npresently admitted to a hospital, and\n (ii) make every reasonable effort to inform the parent or other person\nlegally responsible for the child's care of the facility to which he has\nbrought the child, and\n (iii) give, coincident with removal, written notice to the parent or\nother person legally responsible for the child's care of the right to\napply to the family court for the return of the child pursuant to\nsection one thousand twenty-eight of this act, and of the right to be\nrepresented by counsel in proceedings brought pursuant to this article\nand procedures for obtaining counsel, if indigent. Such notice shall\nalso include the name, title, organization, address and telephone number\nof the person removing the child, the name, address, and telephone\nnumber of the authorized agency to which the child will be taken, if\navailable, the telephone number of the person to be contacted for visits\nwith the child, and the information required by section one thousand\ntwenty-three of this act. Such notice shall be personally served upon\nthe parent or other person at the residence of the child provided, that\nif such person is not present at the child's residence at the time of\nremoval, a copy of the notice shall be affixed to the door of such\nresidence and a copy shall be mailed to such person at his or her last\nknown place of residence within twenty-four hours after the removal of\nthe child. If the place of removal is not the child's residence, a copy\nof the notice shall be personally served upon the parent or person\nlegally responsible for the child's care forthwith, or affixed to the\ndoor of the child's residence and mailed to the parent or other person\nlegally responsible for the child's care at his or her last known place\nof residence within twenty-four hours after the removal. An affidavit of\nsuch service shall be filed with the clerk of the court within\ntwenty-four hours of serving such notice exclusive of weekends and\nholidays pursuant to the provisions of this section. The form of the\nnotice shall be prescribed by the chief administrator of the courts.\nFailure to file an affidavit of service as required by this subdivision\nshall not constitute grounds for return of the child.\n (iv) inform the court and make a report pursuant to title six of the\nsocial services law, as soon as possible.\n (c) Any person or institution acting in good faith in the removal or\nkeeping of a child pursuant to this section shall have immunity from any\nliability, civil or criminal, that might otherwise be incurred or\nimposed as a result of such removal or keeping.\n (d) Where the physician keeping a child in his custody pending action\nby the local department of social services or appropriate police\nauthorities does so in his capacity as a member of the staff of a\nhospital or similar institution, he shall notify the person in charge of\nthe institution, or his designated agent, who shall then become\nresponsible for the further care of such child.\n (e) Any physician keeping a child in his custody pursuant to this\nsection shall have the right to keep such child in his custody until\nsuch time as the custody of the child has been transferred to the\nappropriate police authorities or the social services official of the\ncity or county in which the physician maintains his place of business.\nIf the social services official receives custody of a child pursuant to\nthe provisions of this section, he shall promptly inform the parent or\nother person responsible for such child's care and the family court of\nhis action.\n