N.Y. Family Court Act § 312.2: Issuance of a warrant

§ 312.2. Issuance of a warrant. 1. The court may issue a warrant,

directing that the respondent personally or other person legally

responsible for his or her care or, if such legally responsible person

is not available, a person with whom he or she resides, be brought

before the court, when a petition has been filed and it appears that:

(a) a summons cannot be served; or

(b) such person has refused to obey a summons or family court

appearance ticket; or

(c) the respondent or other person is likely to leave the

jurisdiction; or

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

(e) a respondent has failed to appear.

2. Upon issuance of a warrant due to the respondent's failure to

appear for a scheduled court date, the court shall adjourn the matter to

a date certain within thirty days for a report on the efforts made to

secure the respondent's appearance in court. The court may order that

the person legally responsible for the respondent's care or, if such

legally responsible person is not available, a person with whom the

respondent resides, appear on the adjourned date. Upon receiving the

report, for good cause, the court may order further reports and may

require further appearances of the person legally responsible for the

respondent's care or, if such person legally responsible is not

available, a person with whom the respondent resides. Upon receiving the

initial or any subsequent report, the court shall set forth in writing

its findings of fact as to the efforts, if any, made up to that date to

secure the respondent's appearance in court.

3. A juvenile who is arrested pursuant to a warrant issued under this

section must forthwith and with all reasonable speed be taken directly

to the family court located in the county in which the warrant had been

issued, or, when the family court is not in session, to the most

accessible magistrate, if any, designated by the appellate division of

the supreme court in the applicable department. If a juvenile is brought

before an accessible magistrate, the magistrate shall set a date for the

juvenile to appear in the family court in the county in which the

warrant had been issued, which shall be no later than the next day the

court is in session if the magistrate orders the juvenile to be detained

and within ten court days if the magistrate orders the juvenile to be

released. In determining whether the juvenile should be released, with

or without conditions, or detained, the magistrate shall apply the

criterion and issue the findings required by section 320.5 of this

article. The magistrate shall transmit its order to the family court

forthwith.