PLACING A CHILD IN PROTECTIVE CUSTODY

Mandated reporters may place an alleged abused or neglected child in protective custody under certain circumstances. A child may be taken into protective custody without court order or parental consent:

  1. If the child is in such circumstances or condition that continuing to stay in his or her residence or in the care and custody of the parent or other legally authorized caretaker presents an imminent danger to the child’s life or health, and
  2. If there is not enough time to apply to the Family Court for an order of temporary removal

However, protective custody should not be confused with the status of the child admitted voluntarily to the hospital by parent(s).

Other persons legally authorized to place the child into physical protective custody include:

  • A peace officer (acting pursuant to his or her special duties)
  • A police officer
  • A law enforcement official
  • An agent of a duly incorporated society for the prevention of cruelty to children
  • A designated employee of a city or county Department of Social Services
  • A person in charge of a hospital or similar institution

When a child is placed in protective custody, the authorized person must take the following actions:

  • Bring the child immediately to a place designated by the rules of the Family Court for this purpose, unless the person is a physician treating the child and the child is or soon will be admitted to a hospital
  • Make every reasonable effort to inform the parent or other person legally responsible for the child’s care about which facility the child is in
  • Provide the parent or other person legally responsible for the child’s care with written notice, coincident with removal of the child from their care (Family Court Act, 1024(b)(iii))
  • Inform the court and make a report of suspected child abuse or maltreatment pursuant to Title 6 of the Social Services Law, as soon as possible (Family Court Act, 1024(b))
  • Immediately notify the appropriate local Child Protective Services, which shall begin a child protective proceeding in the Family Court at the next regular weekday session of the appropriate Family Court or recommend that the child be returned to his or her parents or guardian. In neglect cases, pursuant to Section 1026 of the Family Court Act, the authorized person or entity (usually CPS) may return a child prior to a child protective proceeding if it concludes there is no imminent risk to the child’s health.
    (NYS OCFS, n.d.)