Section 1021. Temporary removal with consent  


Latest version.
  • A  peace officer, acting
      pursuant to his or her special duties, or a police officer or  an  agent
      of  a  duly  authorized  agency, association, society or institution may
      temporarily remove a child from the place where he or  she  is  residing
      with  the  written  consent of his or her parent or other person legally
      responsible for his or her care, if the child  is  suspected  to  be  an
      abused  or  neglected  child  under  this  article. The officer or agent
      shall, coincident with consent or 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 article, and of the right
      to be represented by counsel  and  the  procedures  for  those  who  are
      indigent  to  obtain  counsel  in  proceedings  brought pursuant to this
      article. 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; and the telephone number of the person to
      be contacted for visits with the child. A copy of the instrument whereby
      the parent or legally responsible person has given such consent to  such
      removal  shall  be appended to the petition alleging abuse or neglect of
      the removed child and made a part of the permanent court record  of  the
      proceeding. A copy of such instrument and notice of the telephone number
      of  the  child  protective agency to contact to ascertain the date, time
      and place of the filing of the petition and of the hearing that will  be
      held pursuant to section one thousand twenty-seven of this article shall
      be  given  to the parent or legally responsible person. Unless the child
      is returned sooner, a petition shall be filed within  three  court  days
      from  the  date  of  removal. In such a case, a hearing shall be held no
      later than the next court day after the petition is filed  and  findings
      shall  be made as required pursuant to section one thousand twenty-seven
      of this article.