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Family Court Act § 1037 · Part 3. Preliminary Procedure

Issuance of warrant and reports to court

Verbatim from the official edition

Text — Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)

§ 1037. Issuance of warrant and reports to court. (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 (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.

Source of truth

Edition
Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/FCT1037
Text hash
sha256 cbc4e642db03f17c18a3dd8e61e7e4f13e87e9696aed48f150e1f347f581ca3d
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.