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New York · Through 2026-09-11

N.Y. Family Court Act § 305.1: Custody by a private person

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Where this section sits in the code
  1. Family Court Act
  2. Article 3. Juvenile Delinquency
  3. Part 1. Jurisdiction and Preliminary Procedures

§ 305.1. Custody by a private person. 1. A private person may take a

child who may be subject to the provisions of this article for

committing an act that would be a crime if committed by an adult into

custody in cases in which such private person may arrest an adult for a

crime under section 140.30 of the criminal procedure law.

2. Before taking such child under the age of sixteen into custody, a

private person must inform the child of the cause thereof and require

him to submit, except when he is taken into custody on pursuit

immediately after the commission of a crime.

3. After taking such child into custody, a private person must take

the child, without unnecessary delay, to the child's home, to a family

court, or to a police officer or peace officer.

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

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