§ 724 — Duties of police officer or peace officer after taking into custody or on delivery by private person

New York § 724

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Custody
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 724. Duties of police officer or peace officer after taking into\ncustody or on delivery by private person. (a) If a peace officer or a\npolice officer takes into custody or if a person is delivered to him\nunder section seven hundred twenty-three, the officer shall immediately\nnotify the parent or other person legally responsible for his care, or\nthe person with whom he is domiciled, that he has been taken into\ncustody.\n (b) After making every reasonable effort to give notice under\nparagraph (a), the officer shall\n (i) release the youth to the custody of his or her parent or other\nperson legally responsible for his or her care upon the written promise,\nwithout security, of the person to whose custody the youth is released\nthat he or she will produce the youth before the lead agency designated\npursuant to section seven hundred thirty-five of this article in that\ncounty at a time and place specified in writing; or\n (ii) forthwith and with all reasonable speed take the youth directly,\nand without first being taken to the police station house, to the\ndesignated lead agency located in the county in which the act\noccasioning the taking into custody allegedly was done, unless the\nofficer determines that it is necessary to question the youth, in which\ncase he or she may take the youth to a facility designated by the chief\nadministrator of the courts as a suitable place for the questioning of\nyouth or, upon the consent of a parent or other person legally\nresponsible for the care of the youth, to the youth's residence and\nthere question him or her for a reasonable period of time; or\n (iii) take a youth in need of crisis intervention or respite services\nto a runaway and homeless youth crisis services program or other\napproved respite or crisis program; or\n (iv) take the youth directly to the family court located in the county\nin which the act occasioning the taking into custody was allegedly done,\nprovided that the officer affirms on the record that he or she attempted\nto exercise the options identified in paragraphs (i), (ii) and (iii) of\nthis subdivision, was unable to exercise these options, and the reasons\ntherefor.\n (c) In the absence of special circumstances, the officer shall release\nthe child in accord with paragraph (b) (i).\n (d) In determining what is a "reasonable period of time" for\nquestioning a child, the child's age and the presence or absence of his\nparents or other person legally responsible for his care shall be\nincluded among the relevant considerations.\n