N.Y. Family Court Act § 1026: Action by the appropriate person designated by the court and child protective agency upon emergency removal

§ 1026. Action by the appropriate person designated by the court and

child protective agency upon emergency removal. (a) The appropriate

person designated by the court or a child protective agency when

informed that there has been an emergency removal of a child from his or

her home without court order shall (i) make every reasonable effort to

communicate immediately with the child's parent or other person legally

responsible for his or her care, and

(ii) except in cases involving abuse, cause a child thus removed to be

returned, if it concludes there is not an imminent risk to the child's

health in so doing. In cases involving abuse, the child protective

agency may recommend to the court that the child be returned or that no

petition be filed.

(b) The child protective agency may, but need not, condition the

return of a child under this section upon the giving of a written

promise, without security, of the parent or other person legally

responsible for the child's care that he or she will appear at the

family court at a time and place specified in the recognizance and may

also require him or her to bring the child with him or her.

(c) If the child protective agency for any reason does not return the

child under this section after an emergency removal pursuant to section

one thousand twenty-four of this part on the same day that the child is

removed, or if the child protective agency concludes it appropriate

after an emergency removal pursuant to section one thousand twenty-four

of this part, it shall cause a petition to be filed under this part no

later than the next court day after the child was removed. The court may

order an extension, only upon good cause shown, of up to three court

days from the date of such child's removal. 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 part.