New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1026. Action by the appropriate person designated by the court and
child protective agency upon emergency removal. (a) The appropriate
person designated by the court or a child protective agency when
informed that there has been an emergency removal of a child from his or
her home without court order shall (i) make every reasonable effort to
communicate immediately with the child's parent or other person legally
responsible for his or her care, and
(ii) except in cases involving abuse, cause a child thus removed to be
returned, if it concludes there is not an imminent risk to the child's
health in so doing. In cases involving abuse, the child protective
agency may recommend to the court that the child be returned or that no
petition be filed.
(b) The child protective agency may, but need not, condition the
return of a child under this section upon the giving of a written
promise, without security, of the parent or other person legally
responsible for the child's care that he or she will appear at the
family court at a time and place specified in the recognizance and may
also require him or her to bring the child with him or her.
(c) If the child protective agency for any reason does not return the
child under this section after an emergency removal pursuant to section
one thousand twenty-four of this part on the same day that the child is
removed, or if the child protective agency concludes it appropriate
after an emergency removal pursuant to section one thousand twenty-four
of this part, it shall cause a petition to be filed under this part no
later than the next court day after the child was removed. The court may
order an extension, only upon good cause shown, of up to three court
days from the date of such child's removal. 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 part.
