When Child Protection Comes
Fam. Ct. Act § 1024 — removal without a court order only for imminent danger with no time to ask, then a hearing the next court day
Without an order. A police officer, peace officer, law enforcement official or designated social services employee may take a child into protective custody without a court order and without the parent's consent only with reasonable cause to believe that the child's continuing in the home presents an imminent danger to the child's life or health, and when there is not time enough to apply for an order.
The written notice. At the time of removal, the parent receives written notice of the right to apply to the family court for the child's return, of the right to be represented by counsel, and of the procedures for obtaining counsel, if indigent, with the name and contact information of the person removing the child and of the agency the child is taken to. A parent not present gets a copy affixed to the door of the residence and mailed within twenty-four hours.
Counsel the court assigns. The respondent in a child protective proceeding, and the parent or person legally responsible for the child, has the right to the assistance of counsel. On first appearing in court, the judge advises them of the right to counsel of their own choosing, to an adjournment to confer with counsel, and to have counsel assigned by the court where they are financially unable to obtain it.
| After a removal without an order | When |
|---|---|
| After a removal without an orderThe agency, if it does not return the child the same day, files a petition | WhenNo later than the next court day after the child was removed |
| After a removal without an orderAn extension, only on good cause shown | WhenUp to three court days from the removal |
| After a removal without an orderA hearing on the petition | WhenNo later than the next court day after the petition is filed |
Return by the agency. Except in cases involving abuse, the agency causes a removed child to be returned if it concludes there is not an imminent risk to the child's health in doing so, and it may condition the return on a written promise, without security, to appear in family court.
Where the child goes. The child is brought immediately to a place approved by the local social services department, and every reasonable effort is made to tell the parent where.
A hearing the next court day. Where a child was removed without a court order, the family court holds a hearing no later than the next court day after the petition is filed, to decide whether the child should be returned pending a final order.
An application to return. A parent may apply for the child's return. Unless a removal hearing already took place with the parent present and able to have counsel, the hearing is held within three court days of the application, except for good cause, and is not adjourned. The court grants the application unless return presents an imminent risk to the child's life or health.
Relatives. When the court finds removal necessary, it asks about efforts to locate relatives, including any non-respondent parent and all of the child's grandparents.
Reasonable efforts. The court determines whether remaining at home would be contrary to the child's best interests, and whether reasonable efforts were made to prevent the removal or to allow a safe return.
The investigation itself, the central register, and later stages of the case are governed by other sections, which are not on this page. A particular case is a question for the family court, or a licensed New York attorney.
Sources for this section (5)
- Fam. Ct. Act § 1024 — Emergency removal without court order
- Fam. Ct. Act § 1026 — Action by the appropriate person designated by the court and child protective agency upon emergency removal
- Fam. Ct. Act § 1027 — Hearing and preliminary orders after filing of petition
- Fam. Ct. Act § 1028 — Application to return child temporarily removed
- Fam. Ct. Act § 262 — Assignment of counsel for indigent persons
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.