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New York Family Court - Part 3 - § 1034 Power to Order Investigations

Legal Research Home > New York Laws > Family Court > New York Family Court - Part 3 - § 1034 Power to Order Investigations

 
    §  1034.  Power  to  order investigations. 1. A family court judge may
  order the child protective service of the  appropriate  social  services
  district to conduct a child protective investigation as described by the
  social services law and report its findings to the court:
    (a) in any proceedings under this article, or
    (b)  in  order  to  determine  whether a proceeding under this article
  should be initiated.
    2. (a)(i) Before a petition is filed and  where  there  is  reasonable
  cause  to  suspect  that  a child or children's life or health may be in
  danger, child protective services may seek a court order based upon:
    (A) a report of suspected abuse or maltreatment  under  title  six  of
  article  six  of  the  social  services  law  as  well as any additional
  information that a child protective  investigator  has  learned  in  the
  investigation; and
    (B) the fact that the investigator has been unable to locate the child
  named  in  the report or any other children in the household or has been
  denied access to the child or children in the  household  sufficient  to
  determine their safety; and
    (C)  the  fact  that  the investigator has advised the parent or other
  persons legally responsible for the child or children that, when  denied
  sufficient  access  to the child or other children in the household, the
  child protective investigator may consider seeking  an  immediate  court
  order  to gain access to the child or children without further notice to
  the parent or other persons legally responsible.
    (ii) Where a court order has been requested pursuant to this paragraph
  the court may issue an order  under  this  section  requiring  that  the
  parent  or  other  persons legally responsible for the child or children
  produce the child or children at a particular location which may include
  a child advocacy center, or to a particular person for an  interview  of
  the  child  or  children,  and  for  observation of the condition of the
  child,  outside  of  the  presence  of  the  parent  or   other   person
  responsible.
    (b)(i) Before a petition is filed and where there is probable cause to
  believe  that an abused or neglected child may be found on the premises,
  child protective services may seek a court order based upon:
    (A) a report of suspected abuse or maltreatment  under  title  six  of
  article  six  of  the  social  services  law  as  well as any additional
  information that a child protective  investigator  has  learned  in  the
  investigation; and
    (B)  the fact that the investigator has been denied access to the home
  of the child or children in order to evaluate the home environment; and
    (C) the fact that the investigator has advised  the  parent  or  other
  person  legally  responsible for the child or children that, when denied
  access to the home environment, the child  protective  investigator  may
  consider  seeking  an  immediate  court order to gain access to the home
  environment without further notice to the parent or other person legally
  responsible.
    (ii) Where a court order has been requested pursuant to this paragraph
  the court may issue an order under this section authorizing  the  person
  conducting the child protective investigation to enter the home in order
  to  determine  whether  such  child  or  children  are present and/or to
  conduct a home visit and evaluate the home environment of the  child  or
  children.
    (c)  The  procedure for granting an order pursuant to this subdivision
  shall be the same as for a search  warrant  under  article  six  hundred
  ninety  of  the  criminal  procedure  law.  If  an  order  is  issued in
  accordance with this subdivision the court shall  specify  which  action
  may be taken and by whom in the order.

    (d)  In  determining  if  such  orders  shall be made, the court shall
  consider all relevant information, including but not limited to:
    (i) the nature and seriousness of the allegations made in the report;
    (ii) the age and vulnerability of the child or children;
    (iii)  the  potential  harm  to  the  child  or  children  if  a  full
  investigation is not completed;
    (iv) the relationship of the source  of  the  report  to  the  family,
  including  the  source's ability to observe that which has been alleged;
  and
    (v) the child protective or criminal history, if any,  of  the  family
  and  any  other  relevant information that the investigation has already
  obtained.
    (e) The court shall assess which actions are necessary in light of the
  child or children's safety, provided, however, that such  actions  shall
  be the least intrusive to the family.
    (f) The court shall be available at all hours to hear such requests by
  the  social  services  district  which  shall  be permitted to make such
  requests either in writing or orally, pursuant to section 690.36 of  the
  criminal  procedure law, in person to the family court during hours that
  the court is open and orally by telephone  or  in  person,  pursuant  to
  section  690.36  of  the criminal procedure law, to a family court judge
  when the court is not  open.  While  the  request  is  being  made,  law
  enforcement shall remain where the child or children are or are believed
  to  be  present  if  the  child  protective  services  investigator  has
  requested  law  enforcement  assistance.  Provided,  however,  that  law
  enforcement  may  not enter the premises where the child or children are
  believed  to  be  present  without   a   search   warrant   or   another
  constitutional basis for such entry.
    (g)  Where  the  court  issues  an order under this section, the child
  protective investigator shall  within  three  business  days  prepare  a
  report  to the court detailing his or her findings and any other actions
  that have been taken pertaining to the child named in the report and any
  other children in the household.
    (h) Nothing in this section shall limit the court's authority to issue
  any appropriate order in accordance with the provisions of this  article
  after a petition has been filed.

Last modified: February 18, 2012