Family Court Act § 305.1 · Part 1. Jurisdiction and Preliminary Procedures
Custody by a private person
Text — Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)
§ 305.1. Custody by a private person. 1. A private person may take a child who may be subject to the provisions of this article for committing an act that would be a crime if committed by an adult into custody in cases in which such private person may arrest an adult for a crime under section 140.30 of the criminal procedure law.
2. Before taking such child under the age of sixteen into custody, a private person must inform the child of the cause thereof and require him to submit, except when he is taken into custody on pursuit immediately after the commission of a crime.
3. After taking such child into custody, a private person must take the child, without unnecessary delay, to the child's home, to a family court, or to a police officer or peace officer.
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/FCT305.1
- Text hash
- sha256 4e53c2a8f575f91cbdb05d3283fbf2111574e1c5d831c1b75b3ed8edb218aa5d
- 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.