Section 1037. Issuance of warrant and reports to court  


Latest version.
  • (a) The court may
      issue  a  warrant  directing  the  parent,  or  other   person   legally
      responsible  for  the  child's  care  or  with whom he is residing to be
      brought before the court, when a petition is filed with the court  under
      this article and it appears that (i) the summons cannot be served; or
        (ii) the summoned person has refused to obey the summons; or
        (iii)  the  parent or other person legally responsible for the child's
      care is likely to leave the jurisdiction; or
        (iv) a summons, in the court's opinion, would be ineffectual; or
        (v) the safety of the child is endangered; or
        (vi) the safety of  a  parent,  person  legally  responsible  for  the
      child's  care  or  with  whom he is residing, foster parent or temporary
      custodian is endangered.
        (b) When issuing a warrant under this  section,  the  court  may  also
      direct that the child be brought before the court.
        (c)  In  any case involving abuse, the warrant shall be clearly marked
      on the face thereof "Child Abuse Case". If a  warrant  is  not  executed
      within  two  court  days of its issuance, such fact shall be reported to
      the court within three court days of its issuance. Rules of court  shall
      provide  that  reports  of unexecuted warrants issued under this article
      shall be periodically made to the court.
        (d) In a proceeding to determine abuse, the warrant  shall  contain  a
      statement  clearly marked on the face thereof, that the proceeding could
      lead to a proceeding under the social services law for the commitment of
      guardianship and custody of  the  child  and  that  the  rights  of  the
      respondent  with  respect  to  said  child  may  be  terminated  in such
      proceeding under such law.