New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1037. Issuance of warrant and reports to court. (a) The court may
issue a warrant directing the parent, or other person legally
responsible for the child's care or with whom he is residing to be
brought before the court, when a petition is filed with the court under
this article and it appears that (i) the summons cannot be served; or
(ii) the summoned person has refused to obey the summons; or
(iii) the parent or other person legally responsible for the child's
care is likely to leave the jurisdiction; or
(iv) a summons, in the court's opinion, would be ineffectual; or
(v) the safety of the child is endangered; or
(vi) the safety of a parent, person legally responsible for the
child's care or with whom he is residing, foster parent or temporary
custodian is endangered.
(b) When issuing a warrant under this section, the court may also
direct that the child be brought before the court.
(c) In any case involving abuse, the warrant shall be clearly marked
on the face thereof "Child Abuse Case". If a warrant is not executed
within two court days of its issuance, such fact shall be reported to
the court within three court days of its issuance. Rules of court shall
provide that reports of unexecuted warrants issued under this article
shall be periodically made to the court.
(d) In a proceeding to determine abuse, the warrant shall contain a
statement clearly marked on the face thereof, that the proceeding could
lead to a proceeding under the social services law for the commitment of
guardianship and custody of the child and that the rights of the
respondent with respect to said child may be terminated in such
proceeding under such law.
