§ 1037 — Issuance of warrant and reports to court

New York § 1037

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Preliminary Procedure
• Art. 10: Child Protective Proceedings

Text

§ 1037. Issuance of warrant and reports to court. (a) The court may\nissue a warrant directing the parent, or other person legally\nresponsible for the child's care or with whom he is residing to be\nbrought before the court, when a petition is filed with the court under\nthis article and it appears that (i) the summons cannot be served; or\n (ii) the summoned person has refused to obey the summons; or\n (iii) the parent or other person legally responsible for the child's\ncare is likely to leave the jurisdiction; or\n (iv) a summons, in the court's opinion, would be ineffectual; or\n (v) the safety of the child is endangered; or\n (vi) the safety of a parent, person legally responsible for the\nchild's care or with whom he is residing, foster parent or temporary\ncustodian is endangered.\n (b) When issuing a warrant under this section, the court may also\ndirect that the child be brought before the court.\n (c) In any case involving abuse, the warrant shall be clearly marked\non the face thereof "Child Abuse Case". If a warrant is not executed\nwithin two court days of its issuance, such fact shall be reported to\nthe court within three court days of its issuance. Rules of court shall\nprovide that reports of unexecuted warrants issued under this article\nshall be periodically made to the court.\n (d) In a proceeding to determine abuse, the warrant shall contain a\nstatement clearly marked on the face thereof, that the proceeding could\nlead to a proceeding under the social services law for the commitment of\nguardianship and custody of the child and that the rights of the\nrespondent with respect to said child may be terminated in such\nproceeding under such law.\n