§ 1026 — Action by the appropriate person designated by the court and child protective agency upon emergency removal

New York § 1026

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

Text

§ 1026. Action by the appropriate person designated by the court and\nchild protective agency upon emergency removal. (a) The appropriate\nperson designated by the court or a child protective agency when\ninformed that there has been an emergency removal of a child from his or\nher home without court order shall (i) make every reasonable effort to\ncommunicate immediately with the child's parent or other person legally\nresponsible for his or her care, and\n (ii) except in cases involving abuse, cause a child thus removed to be\nreturned, if it concludes there is not an imminent risk to the child's\nhealth in so doing. In cases involving abuse, the child protective\nagency may recommend to the court that the child be returned or that no\npetition be filed.\n (b) The child protective agency may, but need not, condition the\nreturn of a child under this section upon the giving of a written\npromise, without security, of the parent or other person legally\nresponsible for the child's care that he or she will appear at the\nfamily court at a time and place specified in the recognizance and may\nalso require him or her to bring the child with him or her.\n (c) If the child protective agency for any reason does not return the\nchild under this section after an emergency removal pursuant to section\none thousand twenty-four of this part on the same day that the child is\nremoved, or if the child protective agency concludes it appropriate\nafter an emergency removal pursuant to section one thousand twenty-four\nof this part, it shall cause a petition to be filed under this part no\nlater than the next court day after the child was removed. The court may\norder an extension, only upon good cause shown, of up to three court\ndays from the date of such child's removal. 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 part.\n