GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Family Court Act § 1037: Issuance of warrant and reports to court

Read at publisher ↗
Where this section sits in the code
  1. Family Court Act
  2. Article 10. Child Protective Proceedings
  3. Part 3. Preliminary Procedure

§ 1037. Issuance of warrant and reports to court. (a) The court may

issue a warrant directing the parent, or other person legally

responsible for the child's care or with whom he is residing to be

brought before the court, when a petition is filed with the court under

this article and it appears that (i) the summons cannot be served; or

(ii) the summoned person has refused to obey the summons; or

(iii) the parent or other person legally responsible for the child's

care is likely to leave the jurisdiction; or

(iv) a summons, in the court's opinion, would be ineffectual; or

(v) the safety of the child is endangered; or

(vi) the safety of a parent, person legally responsible for the

child's care or with whom he is residing, foster parent or temporary

custodian is endangered.

(b) When issuing a warrant under this section, the court may also

direct that the child be brought before the court.

(c) In any case involving abuse, the warrant shall be clearly marked

on the face thereof "Child Abuse Case". If a warrant is not executed

within two court days of its issuance, such fact shall be reported to

the court within three court days of its issuance. Rules of court shall

provide that reports of unexecuted warrants issued under this article

shall be periodically made to the court.

(d) In a proceeding to determine abuse, the warrant shall contain a

statement clearly marked on the face thereof, that the proceeding could

lead to a proceeding under the social services law for the commitment of

guardianship and custody of the child and that the rights of the

respondent with respect to said child may be terminated in such

proceeding under such law.

Collected 2026-09-14T19:32:44Z. Source file · JSON

Browse this collection