§ 417 — Taking a child into protective custody

New York § 417

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6: Child Protective Services
• Art. 6: Children

Text

§ 417. Taking a child into protective custody. 1. (a) Pursuant to the\nrequirements and provisions of the family court act, a peace officer,\nacting pursuant to his or her special duties, a police officer, a law\nenforcement official, or a designated employee of a city or county\ndepartment of social services, or an agent or employee of an Indian\ntribe that has entered into an agreement with the department pursuant to\nsection thirty-nine of this chapter to provide child protective services\nshall take all appropriate measures to protect a child's life and health\nincluding, when appropriate, taking or keeping a child in protective\ncustody without the consent of a parent or guardian if such person has\nreasonable cause to believe that the circumstances or condition of the\nchild are such that continuing in his or her place of residence or in\nthe care and custody of the parent, guardian, custodian or other person\nresponsible for the child's care presents an imminent danger to the\nchild's life or health.\n (b) Any physician shall notify the appropriate police authorities or\nthe local child protective service to take custody of any child such\nphysician is treating whether or not additional medical treatment is\nrequired, if such physician has reasonable cause to believe that the\ncircumstances or condition of the child are such that continuing in his\nplace of residence or in the care and custody of the parent, guardian,\ncustodian or other person responsible for the child's care presents an\nimminent danger to the child's life or health.\n 2. Notwithstanding any other provision of law, the person in charge of\nany hospital or similar institution shall, where he has reasonable cause\nto believe that the circumstances or conditions of the child are such\nthat continuing in his place of residence or in the care and custody of\nthe parent, guardian, custodian or other person responsible for the\nchild's care presents an imminent danger to the child's life or health,\ntake all necessary measures to protect the child including, where\nappropriate, retaining custody of an abused or maltreated child, until\nthe next regular week day session of the family court in which a child\nprotection proceeding pursuant to article ten of the family court act\nmay be commenced whether or not additional medical treatment is required\nduring that period and whether or not a request is made by a parent or\nguardian for the return of the child during that period. In all cases\nwhere the person in charge of a hospital or similar institution has\nretained custody of a child pursuant to this section, he shall\nimmediately notify the appropriate local child protective service which\nimmediately shall commence an investigation. In the case of a child in\nresidential care, the child protective service shall notify the\nappropriate state agency which shall immediately commence an\ninvestigation. If no further medical treatment is necessary, the child\nprotective service shall take all necessary measures to protect a\nchild's life and health, including when appropriate, taking custody of a\nchild. Such child protective service shall commence a child protective\nproceeding in the family court at the next regular week day session of\nthe appropriate family court or recommend to the court at that time that\nthe child be returned to his parents or guardian.\n 3. Whenever a child protective service takes a child into protective\ncustody and the parent, guardian or custodian of the child is not\npresent, the service shall immediately notify the local police station\nclosest to the child's home of such removal, and shall provide them with\na copy of the notice required pursuant to paragraph (iii) of subdivision\n(b) of section one thousand twenty-four of the family court act. Upon\nrequest by the parent, guardian or custodian of the child, the police\nshall provide such person with a copy of the notice.\n