(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

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Terms Used In N.Y. Family Court Law 1037

  • Child: means any person or persons alleged to have been abused or neglected, whichever the case may be;
(c) "A case involving abuse" means any proceeding under this article in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children;
(d) "Drug" means any substance defined as a controlled substance in section thirty-three hundred six of the public health law;
(e) "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care
(i) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
(ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
(iii)
(A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law;
(B) allows, permits or encourages such child to engage in any act described in sections 230. See N.Y. Family Court Law 1012
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Parent: means a person who is recognized under the laws of the state of New York to be the child's legal parent. See N.Y. Family Court Law 1012
  • Person legally responsible: includes the child's custodian, guardian, any other person responsible for the child's care at the relevant time. See N.Y. Family Court Law 1012
  • Respondent: includes any parent or other person legally responsible for a child's care who is alleged to have abused or neglected such child;
  • (b) "Child" means any person or persons alleged to have been abused or neglected, whichever the case may be;
    (c) "A case involving abuse" means any proceeding under this article in which there are allegations that one or more of the children of, or the legal responsibility of, the respondent are abused children;
    (d) "Drug" means any substance defined as a controlled substance in section thirty-three hundred six of the public health law;
    (e) "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care
    (i) inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
    (ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ, or
    (iii)
    (A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law;
    (B) allows, permits or encourages such child to engage in any act described in sections 230. See N.Y. Family Court Law 1012
  • Summons: Another word for subpoena used by the criminal justice system.
  • (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.