N.Y. Social Services Law § 417: Taking a child into protective custody

§ 417. Taking a child into protective custody. 1. (a) Pursuant to the

requirements and provisions of the family court act, a peace officer,

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

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

department of social services, or an agent or employee of an Indian

tribe that has entered into an agreement with the department pursuant to

section thirty-nine of this chapter to provide child protective services

shall take all appropriate measures to protect a child's life and health

including, when appropriate, taking or keeping a child in protective

custody without the consent of a parent or guardian if such person has

reasonable cause to believe that the circumstances or condition of the

child are such that continuing in his or her place of residence or in

the care and custody of the parent, guardian, custodian or other person

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

child's life or health.

(b) Any physician shall notify the appropriate police authorities or

the local child protective service to take custody of any child such

physician is treating whether or not additional medical treatment is

required, if such physician has reasonable cause to believe that the

circumstances or condition of the child are such that continuing in his

place of residence or in the care and custody of the parent, guardian,

custodian or other person responsible for the child's care presents an

imminent danger to the child's life or health.

2. Notwithstanding any other provision of law, the person in charge of

any hospital or similar institution shall, where he has reasonable cause

to believe that the circumstances or conditions of the child are such

that continuing in his place of residence or in the care and custody of

the parent, guardian, custodian or other person responsible for the

child's care presents an imminent danger to the child's life or health,

take all necessary measures to protect the child including, where

appropriate, retaining custody of an abused or maltreated child, until

the next regular week day session of the family court in which a child

protection proceeding pursuant to article ten of the family court act

may be commenced whether or not additional medical treatment is required

during that period and whether or not a request is made by a parent or

guardian for the return of the child during that period. In all cases

where the person in charge of a hospital or similar institution has

retained custody of a child pursuant to this section, he shall

immediately notify the appropriate local child protective service which

immediately shall commence an investigation. In the case of a child in

residential care, the child protective service shall notify the

appropriate state agency which shall immediately commence an

investigation. If no further medical treatment is necessary, the child

protective service shall take all necessary measures to protect a

child's life and health, including when appropriate, taking custody of a

child. Such child protective service shall commence a child protective

proceeding in the family court at the next regular week day session of

the appropriate family court or recommend to the court at that time that

the child be returned to his parents or guardian.

3. Whenever a child protective service takes a child into protective

custody and the parent, guardian or custodian of the child is not

present, the service shall immediately notify the local police station

closest to the child's home of such removal, and shall provide them with

a copy of the notice required pursuant to paragraph (iii) of subdivision

(b) of section one thousand twenty-four of the family court act. Upon

request by the parent, guardian or custodian of the child, the police

shall provide such person with a copy of the notice.