2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 6 - Child Protective Services › 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.