New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1021. Temporary removal with consent. A peace officer, acting
pursuant to his or her special duties, or a police officer or an agent
of a duly authorized agency, association, society or institution may
temporarily remove a child from the place where he or she is residing
with the written consent of his or her parent or other person legally
responsible for his or her care, if the child is suspected to be an
abused or neglected child under this article. The officer or agent
shall, coincident with consent or removal, give written notice to the
parent or other person legally responsible for the child's care of the
right to apply to the family court for the return of the child pursuant
to section one thousand twenty-eight of this article, and of the right
to be represented by counsel and the procedures for those who are
indigent to obtain counsel in proceedings brought pursuant to this
article. Such notice shall also include the name, title, organization,
address and telephone number of the person removing the child; the name,
address and telephone number of the authorized agency to which the child
will be taken, if available; and the telephone number of the person to
be contacted for visits with the child. A copy of the instrument whereby
the parent or legally responsible person has given such consent to such
removal shall be appended to the petition alleging abuse or neglect of
the removed child and made a part of the permanent court record of the
proceeding. A copy of such instrument and notice of the telephone number
of the child protective agency to contact to ascertain the date, time
and place of the filing of the petition and of the hearing that will be
held pursuant to section one thousand twenty-seven of this article shall
be given to the parent or legally responsible person. Unless the child
is returned sooner, a petition shall be filed within three court days
from the date of removal. In such a case, 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 article.
