N.Y. Family Court Act § 1024: Emergency removal without court order

§ 1024. Emergency removal without court order. (a) A peace officer,

acting pursuant to his or her special duties, police officer, or a law

enforcement official, or a designated employee of a city or county

department of social services shall take all necessary measures to

protect a child's life or health including, when appropriate, taking or

keeping a child in protective custody, and any physician shall notify

the local department of social services or appropriate police

authorities to take custody of any child such physician is treating,

without an order under section one thousand twenty-two of this article

and without the consent of the parent or other person legally

responsible for the child's care, regardless of whether the parent or

other person legally responsible for the child's care is absent, if (i)

such person has reasonable cause to believe that the child is in such

circumstance or condition that his or her continuing in said place of

residence or in the care and custody of the parent or person legally

responsible for the child's care presents an imminent danger to the

child's life or health; and

(ii) there is not time enough to apply for an order under section one

thousand twenty-two of this article.

(b) If a person authorized by this section removes or keeps custody of

a child, he shall (i) bring the child immediately to a place approved

for such purpose by the local social services department, unless the

person is a physician treating the child and the child is or will be

presently admitted to a hospital, and

(ii) make every reasonable effort to inform the parent or other person

legally responsible for the child's care of the facility to which he has

brought the child, and

(iii) give, coincident with removal, 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 act, and of the right to be

represented by counsel in proceedings brought pursuant to this article

and procedures for obtaining counsel, if indigent. 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, the telephone number of the person to be contacted for visits

with the child, and the information required by section one thousand

twenty-three of this act. Such notice shall be personally served upon

the parent or other person at the residence of the child provided, that

if such person is not present at the child's residence at the time of

removal, a copy of the notice shall be affixed to the door of such

residence and a copy shall be mailed to such person at his or her last

known place of residence within twenty-four hours after the removal of

the child. If the place of removal is not the child's residence, a copy

of the notice shall be personally served upon the parent or person

legally responsible for the child's care forthwith, or affixed to the

door of the child's residence and mailed to the parent or other person

legally responsible for the child's care at his or her last known place

of residence within twenty-four hours after the removal. An affidavit of

such service shall be filed with the clerk of the court within

twenty-four hours of serving such notice exclusive of weekends and

holidays pursuant to the provisions of this section. The form of the

notice shall be prescribed by the chief administrator of the courts.

Failure to file an affidavit of service as required by this subdivision

shall not constitute grounds for return of the child.

(iv) inform the court and make a report pursuant to title six of the

social services law, as soon as possible.

(c) Any person or institution acting in good faith in the removal or

keeping of a child pursuant to this section shall have immunity from any

liability, civil or criminal, that might otherwise be incurred or

imposed as a result of such removal or keeping.

(d) Where the physician keeping a child in his custody pending action

by the local department of social services or appropriate police

authorities does so in his capacity as a member of the staff of a

hospital or similar institution, he shall notify the person in charge of

the institution, or his designated agent, who shall then become

responsible for the further care of such child.

(e) Any physician keeping a child in his custody pursuant to this

section shall have the right to keep such child in his custody until

such time as the custody of the child has been transferred to the

appropriate police authorities or the social services official of the

city or county in which the physician maintains his place of business.

If the social services official receives custody of a child pursuant to

the provisions of this section, he shall promptly inform the parent or

other person responsible for such child's care and the family court of

his action.