77-J - Warrant to Take Physical Custody of Child.

NY Dom Rel L § 77-J (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(b) direct law enforcement officers to take physical custody of the child immediately and deliver the child to the petitioner or, where necessary, to act jointly with the local child protective service to take immediate steps to protect the child; and

(c) provide for the placement of the child pending final relief. 4. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody. 5. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property in order to execute the warrant and take physical custody of the child. If required by exigent circumstances of the case and necessary to the protection of the child, the court may authorize law enforcement officers to make a forcible entry at any hour. 6. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.