2006 New York Code - Emergency Removal Without Court Order.

 
    §  1024.  Emergency  removal without court order. (a) A peace officer,
  acting pursuant  to  his  special  duties,  police  officer,  or  a  law
  enforcement official, or an agent of a duly incorporated society for the
  prevention  of cruelty to children or a designated employee of a city or
  county department of social services shall take all  necessary  measures
  to  protect a child's life or health including, when appropriate, taking
  or keeping a child in protective custody, and any physician shall notify
  the  local  department  of  social  services   or   appropriate   police
  authorities  to  take  custody  of any child such physician is treating,
  without an order under section one thousand twenty-two and  without  the
  consent  of  the  parent  or  other  person  legally responsible for the
  child's care, regardless of whether the parent or other  person  legally
  responsible  for  the  child's  care  is  absent, if (i) such person has
  reasonable cause to believe that the child is in  such  circumstance  or
  condition  that his continuing in said place of residence or in the care
  and custody of the parent or person legally responsible for the  child's
  care presents an imminent danger to the child's life or health; and
    (ii)  there is not time enough to apply for an order under section one
  thousand twenty-two.
    (b) If a person authorized by this section removes or keeps custody of
  a child, he shall (i) bring the child immediately to  a  place  approved
  for  such  purpose  by  the local social services department, unless the
  person is a physician treating the child and the child  is  or  will  be
  presently admitted to a hospital, and
    (ii) make every reasonable effort to inform the parent or other person
  legally responsible for the child's care of the facility to which he has
  brought the child, and
    (iii)  give,  coincident with removal, 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, and of the  right  to  be
  represented  by  counsel in proceedings brought pursuant to this article
  and procedures for obtaining counsel, if  indigent.  Such  notice  shall
  also include the name, title, organization, address and telephone number
  of  the  person  removing  the  child,  the name, address, and telephone
  number of the authorized 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. An affidavit of
  such  service  shall  be  filed  with  the  clerk  of  the  court within
  twenty-four hours of serving  such  notice  exclusive  of  weekends  and
  holidays  pursuant  to  the provisions of this section.  The form of the
  notice shall be prescribed by the chief  administrator  of  the  courts.
  Failure  to file an affidavit of service as required by this subdivision
  shall not constitute grounds for return of the child.
    (iv) inform the court and make a report pursuant to title six  of  the
  social services law, as soon as possible.


    (c)  Any  person or institution acting in good faith in the removal or
  keeping of a child pursuant to this section shall have immunity from any
  liability, civil or  criminal,  that  might  otherwise  be  incurred  or
  imposed as a result of such removal or keeping.
    (d)  Where the physician keeping a child in his custody pending action
  by the  local  department  of  social  services  or  appropriate  police
  authorities  does  so  in  his  capacity  as  a member of the staff of a
  hospital or similar institution, he shall notify the person in charge of
  the  institution,  or  his  designated  agent,  who  shall  then  become
  responsible for the further care of such child.
    (e)  Any  physician  keeping  a  child in his custody pursuant to this
  section shall have the right to keep such child  in  his  custody  until
  such  time  as  the  custody  of  the  child has been transferred to the
  appropriate police authorities or the social services  official  of  the
  city  or  county in which the physician maintains his place of business.
  If the social services official receives custody of a child pursuant  to
  the  provisions  of this section, he shall promptly inform the parent or
  other person responsible for such child's care and the family  court  of
  his action.