2006 New York Code - Preliminary Orders Of Court Before Petition Filed.

 
    § 1022. Preliminary orders of court before petition filed. (a) (i) The
  family  court  may  enter  an order directing the temporary removal of a
  child from the place where he or she is residing before the filing of  a
  petition  under  this article, if (A) the parent or other person legally
  responsible for the child's care is absent or, though present, was asked
  and refused to consent to the temporary removal of  the  child  and  was
  informed  of  an  intent to apply for an order under this section and of
  the information required by section one thousand  twenty-three  of  this
  part; and
    (B) the child appears so to suffer from the abuse or neglect of his or
  her  parent or other person legally responsible for his or her care that
  his or her immediate removal is necessary to avoid  imminent  danger  to
  the child's life or health; and
    (C) there is not enough time to file a petition and hold a preliminary
  hearing under section one thousand twenty-seven of this part.
    (ii)  When  a  child  protective  agency  applies  to  a court for the
  immediate removal of a child pursuant to  this  subdivision,  the  court
  shall  calendar the matter for that day and shall continue the matter on
  successive subsequent court days, if necessary, until a decision is made
  by the court.
    (iii) In  determining  whether  temporary  removal  of  the  child  is
  necessary  to  avoid  imminent  risk  to the child's life or health, the
  court shall consider and determine in its order whether continuation  in
  the  child's  home  would be contrary to the best interests of the child
  and where appropriate, whether reasonable efforts were made prior to the
  date of application for the order directing such  temporary  removal  to
  prevent or eliminate the need for removal of the child from the home. If
  the court determines that reasonable efforts to prevent or eliminate the
  need  for  removal of the child from the home were not made but that the
  lack of such efforts was appropriate under the circumstances, the  court
  order shall include such a finding.
    (iv)  If  the  court  determines that reasonable efforts to prevent or
  eliminate the need for removal of the child from the home were not  made
  but  that  such  efforts  were  appropriate under the circumstances, the
  court shall order the child protective agency to provide or arrange  for
  the provision of appropriate services or assistance to the child and the
  child's  family  pursuant  to  section  one  thousand  fifteen-a of this
  article or subdivision (c) of this section.
    (v) The court shall also consider and determine whether imminent  risk
  to the child would be eliminated by the issuance of a temporary order of
  protection,  pursuant  to section one thousand twenty-nine of this part,
  directing the removal of a person or persons from the child's residence.
    (vi) Any order directing the temporary removal of a child pursuant  to
  this  section  shall  state  the  court's  findings  with respect to the
  necessity of such removal, whether the respondent  was  present  at  the
  hearing  and,  if  not,  what  notice  the  respondent  was given of the
  hearing, whether the respondent was represented by counsel, and, if not,
  whether the respondent waived his or her right to counsel.
    (vii) At the conclusion of a hearing where it has been determined that
  a child should be removed from his or her parent or other person legally
  responsible, the court  shall  set  the  date  certain  for  an  initial
  permanency  hearing  pursuant  to  paragraph  two  of subdivision (a) of
  section one thousand eighty-nine of this act. The date certain shall  be
  included in the written order issued pursuant to subdivision (b) of this
  section  and  shall  set  forth  the  date  certain  scheduled  for  the
  permanency hearing.
    (b) Any written  order  pursuant  to  this  section  shall  be  issued
  immediately, but in no event later than the next court day following the


  removal  of the child. The order shall specify the facility to which the
  child is to be brought. Except for good cause shown or unless the  child
  is sooner returned to the place where he or she was residing, a petition
  shall  be  filed  under  this  article  within  three  court days of the
  issuance of the order. The  court  shall  hold  a  hearing  pursuant  to
  section  one  thousand  twenty-seven of this part no later than the next
  court day following the filing of the petition if the respondent was not
  present, or was present and unrepresented by counsel, and has not waived
  his or her right to counsel, for the hearing pursuant to this section.
    (c) The family court, before the  filing  of  a  petition  under  this
  article,  may  enter  an  order authorizing the provision of services or
  assistance, including authorizing a physician  or  hospital  to  provide
  emergency  medical  or  surgical  procedures, if (i) such procedures are
  necessary to safeguard the life or health of the child; and
    (ii) there  is  not  enough  time  to  file  a  petition  and  hold  a
  preliminary  hearing  under section one thousand twenty-seven. Where the
  court orders a social services  official  to  provide  or  contract  for
  services  or  assistance  pursuant  to this section, such order shall be
  limited to services or assistance authorized  or  required  to  be  made
  available  pursuant  to  the  comprehensive annual services program plan
  then in effect.
    (d) The person removing the child shall, coincident with 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 act, the
  name, title, organization, address and telephone number  of  the  person
  removing  the  child,  the  name  and telephone number of the child care
  agency to which the child will be taken,  if  available,  the  telephone
  number  of the person to be contacted for visits with the child, and the
  information required by section one thousand twenty-three of  this  act.
  Such  notice  shall be personally served upon the parent or other person
  at the residence of the child provided,  that  if  such  person  is  not
  present  at  the child's residence at the time of removal, a copy of the
  notice shall be affixed to the door of such residence and a  copy  shall
  be  mailed  to  such  person at his or her last known place of residence
  within twenty-four hours after the removal of the child. If the place of
  removal is not the child's residence, a copy  of  the  notice  shall  be
  personally  served upon the parent or person legally responsible for the
  child's care forthwith, or affixed to the door of the child's  residence
  and  mailed  to  the  parent or other person legally responsible for the
  child's care at  his  or  her  last  known  place  of  residence  within
  twenty-four  hours  after  the  removal. The form of the notice shall be
  prescribed by the chief administrator of the courts.
    (e) Nothing in this section shall be deemed to require that the  court
  order  the  temporary  removal  of  a  child  as a condition of ordering
  services  or  assistance,  including  emergency  medical   or   surgical
  procedures pursuant to subdivision (c) of this section.
    (f)  The  court  may issue a temporary order of protection pursuant to
  section ten hundred twenty-nine of this article as an alternative to  or
  in conjunction with any other order or disposition authorized under this
  section.