(b) Any physician shall notify the appropriate police authorities or
the local child protective service to take custody of any child such
physician is treating whether or not additional medical treatment is
required, if such physician has reasonable cause to believe that the
circumstances or condition of the child are such that continuing in his
place of residence or in the care and custody of the parent, guardian,
custodian or other person responsible for the child's care presents an
imminent danger to the child's life or health.
2. Notwithstanding any other provision of law, the person in charge of
any hospital or similar institution shall, where he has reasonable cause
to believe that the circumstances or conditions of the child are such
that continuing in his place of residence or in the care and custody of
the parent, guardian, custodian or other person responsible for the
child's care presents an imminent danger to the child's life or health,
take all necessary measures to protect the child including, where
appropriate, retaining custody of an abused or maltreated child, until
the next regular week day session of the family court in which a child
protection proceeding pursuant to article ten of the family court act
may be commenced whether or not additional medical treatment is required
during that period and whether or not a request is made by a parent or
guardian for the return of the child during that period. In all cases
where the person in charge of a hospital or similar institution has
retained custody of a child pursuant to this section, he shall
immediately notify the appropriate local child protective service which
immediately shall commence an investigation. In the case of a child in
residential care, the child protective service shall notify the
appropriate state agency which shall immediately commence an
investigation. If no further medical treatment is necessary, the child
protective service shall take all necessary measures to protect a
child's life and health, including when appropriate, taking custody of a
child. Such child protective service shall commence a child protective
proceeding in the family court at the next regular week day session of
the appropriate family court or recommend to the court at that time that
the child be returned to his parents or guardian.
3. Whenever a child protective service takes a child into protective
custody and the parent, guardian or custodian of the child is not
present, the service shall immediately notify the local police station
closest to the child's home of such removal, and shall provide them with
a copy of the notice required pursuant to paragraph (iii) of subdivision
(b) of section one thousand twenty-four of the family court act. Upon
request by the parent, guardian or custodian of the child, the police
shall provide such person with a copy of the notice.
Structure New York Laws
Title 6 - Child Protective Services
413 - Persons and Officials Required to Report Cases of Suspected Child Abuse or Maltreatment.
414 - Any Person Permitted to Report.
416 - Obligations of Persons Required to Report.
417 - Taking a Child Into Protective Custody.
418 - Mandatory Reporting to and Post-Mortem Investigation of Deaths by Medical Examiner or Coroner.
419 - Immunity From Liability.
420 - Penalties for Failure to Report.
421 - Responsibility of the Office.
422 - Statewide Central Register of Child Abuse and Maltreatment.
422-A - Child Abuse and Neglect Investigations; Disclosure.
422-B - Local and Regional Fatality Review Teams.
422-C - Establishment of the Child Abuse Medical Provider Program (Champ).
423-A - Child Advocacy Centers Established.
424 - Duties of the Child Protective Service Concerning Reports of Abuse or Maltreatment.
424-B - Children in the Care of Certain Public and Private Agencies.
425 - Cooperation of Other Agencies.
427 - Regulations of the Commissioner.
427-A - Differential Response Programs for Child Protection Assessments or Investigations.