Court Opinions

State Laws

US Code

US Constitution

New York Family Court - Part 1 - § 305.2 Custody by a Peace Officer or a Police Officer Without a Warrant

Legal Research Home > New York Laws > New York Family Court (FCT) > New York Family Court - Part 1 - § 305.2 Custody by a Peace Officer or a Police Officer Without a Warrant

 
    §  305.2.  Custody  by  a  peace officer or a police officer without a
  warrant. 1. For purposes of this section, the  word  "officer"  means  a
  peace officer or a police officer.
    2.  An  officer may take a child under the age of sixteen into custody
  without a warrant in cases in which he may arrest a person for  a  crime
  under article one hundred forty of the criminal procedure law.
    3.  If  an  officer  takes  such  child  into custody or if a child is
  delivered to him under section 305.1, he shall  immediately  notify  the
  parent  or  other person legally responsible for the child's care, or if
  such legally responsible person is unavailable the person with whom  the
  child resides, that the child has been taken into custody.
    4.   After  making  every  reasonable  effort  to  give  notice  under
  subdivision three, the officer shall:
    (a) release the child to the custody of his parents  or  other  person
  legally  responsible  for  his care upon the issuance in accordance with
  section 307.1 of a family court appearance ticket to the child  and  the
  person to whose custody the child is released; or
    (b)  forthwith  and with all reasonable speed take the child directly,
  and without his first being taken to the police station  house,  to  the
  family  court  located  in  the  county in which the act occasioning the
  taking  into  custody  allegedly  was  committed,  unless  the   officer
  determines  that it is necessary to question the child, in which case he
  may take the child to a facility designated by the  chief  administrator
  of  the  courts  as a suitable place for the questioning of children or,
  upon the consent of a parent or other person legally responsible for the
  care of the child, to the child's residence and there question him for a
  reasonable period of time; or
    (c) take the child to a place certified by the office of children  and
  family  services  as  a juvenile detention facility for the reception of
  children; or
    (d) take the child who such officer has decided to take  into  custody
  in  accordance  with  this  section  or  section  305.1 of this part for
  violating the provisions of section 230.00  of  the  penal  law,  to  an
  available short-term safe house as defined in subdivision two of section
  four hundred forty-seven-a of the social services law; or
    (e)  take  the  child,  if  it  appears  that such child is a sexually
  exploited child as defined in paragraph (a), (c) or (d)  of  subdivision
  one of section four hundred forty-seven-a of the social services law, to
  an available short-term safe house, but only if the child consents to be
  taken.
    5.  If  such  child has allegedly committed a designated felony act as
  defined in subdivision eight of section 301.2, and the family  court  in
  the  county  is  in  session, the officer shall forthwith take the child
  directly to such family court, unless the officer takes the child  to  a
  facility for questioning in accordance with paragraph (b) of subdivision
  four.  If such child has not allegedly committed a designated felony act
  and such family court is in session, the officer shall either  forthwith
  take  the  child directly to such family court, unless the officer takes
  the child to a facility for questioning in accordance with paragraph (b)
  of subdivision four or release the child in  accordance  with  paragraph
  (a) of subdivision four.
    6.  In  all  other cases, and in the absence of special circumstances,
  the officer shall release the child in accordance with paragraph (a)  of
  subdivision four.
    7.  A child shall not be questioned pursuant to this section unless he
  and a person required to be notified pursuant to  subdivision  three  if
  present, have been advised:
    (a) of the child's right to remain silent;

    (b)  that  the  statements made by the child may be used in a court of
  law;
    (c)  of  the  child's  right  to  have  an  attorney  present  at such
  questioning; and
    (d) of the child's right to have an attorney provided for him  without
  charge if he is indigent.
    8.  In  determining the suitability of questioning and determining the
  reasonable period of time for questioning such a child, the child's age,
  the presence  or  absence  of  his  parents  or  other  persons  legally
  responsible  for his care and notification pursuant to subdivision three
  shall be included among relevant considerations.

Last modified: February 18, 2012