Section 1031. Originating proceeding to determine abuse or neglect  


Latest version.
  • (a) A
      proceeding under this article is originated by the filing of a  petition
      in  which  facts  sufficient  to  establish that a child is an abused or
      neglected child under this article are alleged.
        (b) Allegations of abuse and neglect may  be  contained  in  the  same
      petition.  Where  more than one child is the legal responsibility of the
      respondent, it may be alleged in the same  petition  that  one  or  more
      children are abused children, or that one or more children are neglected
      children, or both.
        (c)  On  its  own motion and at any time in the proceedings, the court
      may substitute for a petition to determine abuse a petition to determine
      neglect if the facts established are not sufficient to make a finding of
      abuse, as defined by this article.
        (d) A proceeding under this article  may  be  originated  by  a  child
      protective   agency   pursuant   to  section  one  thousand  thirty-two,
      notwithstanding that the child is  in  the  care  and  custody  of  such
      agency.  In  such  event,  the petition shall allege facts sufficient to
      establish that the return of the child to the care and  custody  of  his
      parent  or other person legally responsible for his care would place the
      child in imminent danger of becoming an abused or neglected child.
        (e) In any case where a child has been removed prior to the filing  of
      a  petition,  the petition alleging abuse or neglect of said child shall
      state the date and time of the removal, the circumstances  necessitating
      such  removal,  whether  the  removal  occurred  pursuant to section ten
      hundred twenty-one, ten hundred twenty-two or ten hundred twenty-four of
      this act, and if the removal occurred without court  order,  the  reason
      there  was  not  sufficient  time  to  obtain  a court order pursuant to
      section ten hundred twenty-two of this act.
        (f) A petition alleging abuse shall contain a  notice  in  conspicuous
      print  that a fact-finding that a child is severely or repeatedly abused
      as defined in subdivision eight of section three  hundred  eighty-four-b
      of  the  social  services  law,  by clear and convincing evidence, could
      constitute a basis to terminate parental rights in a proceeding pursuant
      to section three hundred eighty-four-b of the social services law.