N.Y. FCT Law § 1034 — New York Code / Act FCT / Article 10 / Part 3 / Section 1034
Power to order investigations
Status: in_force

§ 1034. Power to order investigations. 1. A family court judge may\norder the child protective service of the appropriate social services\ndistrict to conduct a child protective investigation as described by the\nsocial services law and report its findings to the court:\n  (a) in any proceedings under this article, or\n  (b) in order to determine whether a proceeding under this article\nshould be initiated.\n  2. (a)(i) Before a petition is filed and where there is reasonable\ncause to suspect that a child or children's life or health may be in\ndanger, child protective services may seek a court order based upon:\n  (A) a report of suspected abuse or maltreatment under title six of\narticle six of the social services law as well as any additional\ninformation that a child protective investigator has learned in the\ninvestigation; and\n  (B) the fact that the investigator has been unable to locate the child\nnamed in the report or any other children in the household or has been\ndenied access to the child or children in the household sufficient to\ndetermine their safety; and\n  (C) the fact that the investigator has advised the parent or other\npersons legally responsible for the child or children that, when denied\nsufficient access to the child or other children in the household, the\nchild protective investigator may consider seeking an immediate court\norder to gain access to the child or children without further notice to\nthe parent or other persons legally responsible.\n  (ii) Where a court order has been requested pursuant to this paragraph\nthe court may issue an order under this section requiring that the\nparent or other persons legally responsible for the child or children\nproduce the child or children at a particular location which may include\na child advocacy center, or to a particular person for an interview of\nthe child or children, and for observation of the condition of the\nchild, outside of the presence of the parent or other person\nresponsible.\n  (b)(i) Before a petition is filed and where there is probable cause to\nbelieve that an abused or neglected child may be found on the premises,\nchild protective services may seek a court order based upon:\n  (A) a report of suspected abuse or maltreatment under title six of\narticle six of the social services law as well as any additional\ninformation that a child protective investigator has learned in the\ninvestigation; and\n  (B) the fact that the investigator has been denied access to the home\nof the child or children in order to evaluate the home environment; and\n  (C) the fact that the investigator has advised the parent or other\nperson legally responsible for the child or children that, when denied\naccess to the home environment, the child protective investigator may\nconsider seeking an immediate court order to gain access to the home\nenvironment without further notice to the parent or other person legally\nresponsible.\n  (ii) Where a court order has been requested pursuant to this paragraph\nthe court may issue an order under this section authorizing the person\nconducting the child protective investigation to enter the home in order\nto determine whether such child or children are present and/or to\nconduct a home visit and evaluate the home environment of the child or\nchildren.\n  (c) The procedure for granting an order pursuant to this subdivision\nshall be the same as for a search warrant under article six hundred\nninety of the criminal procedure law. If an order is issued in\naccordance with this subdivision the court shall specify which action\nmay be taken and by whom in the order.\n  (d) In determining if such orders shall be made, the court shall\nconsider all relevant information, including but not limited to:\n  (i) the nature and seriousness of the allegations made in the report;\n  (ii) the age and vulnerability of the child or children;\n  (iii) the potential harm to the child or children if a full\ninvestigation is not completed;\n  (iv) the relationship of the source of the report to the family,\nincluding the source's ability to observe that which has been alleged;\nand\n  (v) the child protective or criminal history, if any, of the family\nand any other relevant information that the investigation has already\nobtained.\n  (e) The court shall assess which actions are necessary in light of the\nchild or children's safety, provided, however, that such actions shall\nbe the least intrusive to the family.\n  (f) The court shall be available at all hours to hear such requests by\nthe social services district which shall be permitted to make such\nrequests either in writing or orally, pursuant to section 690.36 of the\ncriminal procedure law, in person to the family court during hours that\nthe court is open and orally by telephone or in person, pursuant to\nsection 690.36 of the criminal procedure law, to a family court judge\nwhen the court is not open. While the request is being made, law\nenforcement shall remain where the child or children are or are believed\nto be present if the child protective services investigator has\nrequested law enforcement assistance. Provided, however, that law\nenforcement may not enter the premises where the child or children are\nbelieved to be present without a search warrant or another\nconstitutional basis for such entry.\n  (g) Where the court issues an order under this section, the child\nprotective investigator shall within three business days prepare a\nreport to the court detailing his or her findings and any other actions\nthat have been taken pertaining to the child named in the report and any\nother children in the household.\n  (h) Nothing in this section shall limit the court's authority to issue\nany appropriate order in accordance with the provisions of this article\nafter a petition has been filed.\n