N.Y. Family Court Act § 1021: Temporary removal with consent

§ 1021. Temporary removal with consent. A peace officer, acting

pursuant to his or her special duties, or a police officer or an agent

of a duly authorized agency, association, society or institution may

temporarily remove a child from the place where he or she is residing

with the written consent of his or her parent or other person legally

responsible for his or her care, if the child is suspected to be an

abused or neglected child under this article. The officer or agent

shall, coincident with consent or removal, give written notice to the

parent or other person legally responsible for the child's care of the

right to apply to the family court for the return of the child pursuant

to section one thousand twenty-eight of this article, and of the right

to be represented by counsel and the procedures for those who are

indigent to obtain counsel in proceedings brought pursuant to this

article. Such notice shall also include the name, title, organization,

address and telephone number of the person removing the child; the name,

address and telephone number of the authorized agency to which the child

will be taken, if available; and the telephone number of the person to

be contacted for visits with the child. A copy of the instrument whereby

the parent or legally responsible person has given such consent to such

removal shall be appended to the petition alleging abuse or neglect of

the removed child and made a part of the permanent court record of the

proceeding. A copy of such instrument and notice of the telephone number

of the child protective agency to contact to ascertain the date, time

and place of the filing of the petition and of the hearing that will be

held pursuant to section one thousand twenty-seven of this article shall

be given to the parent or legally responsible person. Unless the child

is returned sooner, a petition shall be filed within three court days

from the date of removal. In such a case, a hearing shall be held no

later than the next court day after the petition is filed and findings

shall be made as required pursuant to section one thousand twenty-seven

of this article.