N.Y. Laws » CHAPTER Social Services / ARTICLE Children / TITLE Child Protective Services
New York Consolidated Laws

N.Y. Social Services Law § 417 (2026)

Taking a child into protective custody

✓ current as of May 2026
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§ 417. Taking a child into protective custody. 1. (a) Pursuant to the
requirements and provisions of the family court act, a peace officer,
acting pursuant to his or her special duties, a police officer, a law
enforcement official, or a designated employee of a city or county
department of social services, or an agent or employee of an Indian
tribe that has entered into an agreement with the department pursuant to
section thirty-nine of this chapter to provide child protective services
shall take all appropriate measures to protect a child's life and health
including, when appropriate, taking or keeping a child in protective
custody without the consent of a parent or guardian if such person has
reasonable cause to believe that the circumstances or condition of the
child are such that continuing in his or her place of residence or in
the care and custody of the parent, guardian, custodian or other person
responsible for the child's care presents an imminent danger to the
child's life or health.
  (b) Any physician shall notify the appropriate police authorities or
the local child protective service to take custody of any child such
physician is treating whether or not additional medical treatment is
required, if such physician has reasonable cause to believe that the
circumstances or condition of the child are such that continuing in his
place of residence or in the care and custody of the parent, guardian,
custodian or other person responsible for the child's care presents an
imminent danger to the child's life or health.
  2. Notwithstanding any other provision of law, the person in charge of
any hospital or similar institution shall, where he has reasonable cause
to believe that the circumstances or conditions of the child are such
that continuing in his place of residence or in the care and custody of
the parent, guardian, custodian or other person responsible for the
child's care presents an imminent danger to the child's life or health,
take all necessary measures to protect the child including, where
appropriate, retaining custody of an abused or maltreated child, until
the next regular week day session of the family court in which a child
protection proceeding pursuant to article ten of the family court act
may be commenced whether or not additional medical treatment is required
during that period and whether or not a request is made by a parent or
guardian for the return of the child during that period. In all cases
where the person in charge of a hospital or similar institution has
retained custody of a child pursuant to this section, he shall
immediately notify the appropriate local child protective service which
immediately shall commence an investigation. In the case of a child in
residential care, the child protective service shall notify the
appropriate state agency which shall immediately commence an
investigation. If no further medical treatment is necessary, the child
protective service shall take all necessary measures to protect a
child's life and health, including when appropriate, taking custody of a
child. Such child protective service shall commence a child protective
proceeding in the family court at the next regular week day session of
the appropriate family court or recommend to the court at that time that
the child be returned to his parents or guardian.
  3. Whenever a child protective service takes a child into protective
custody and the parent, guardian or custodian of the child is not
present, the service shall immediately notify the local police station
closest to the child's home of such removal, and shall provide them with
a copy of the notice required pursuant to paragraph (iii) of subdivision
(b) of section one thousand twenty-four of the family court act. Upon
request by the parent, guardian or custodian of the child, the police
shall provide such person with a copy of the notice.
Notes of Decisions
Cited in 13 cases, 1985–2017 · leading case: Jones v. Cnty. of Suffolk, 236 F. Supp. 3d 688 (E.D.N.Y 2017).
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Jones v. Cnty. of Suffolk, 236 F. Supp. 3d 688 (E.D.N.Y 2017). · cites it 3× “Similarly, under Social Services Law § 417, a designated employee of a city or county department of social services, .”
Sager v. Rochester Gen. Hosp., 169 Misc. 2d 643 (N.Y. Sup. Ct. 1996). · cites it 4× “In relevant part, Social Services Law § 417 (2) provides as follows: "the person in charge of any hospital * * * shall, where he has reasonable cause to believe that the circumstances or conditions of the child are such that continuing in his place of residence or in the care…”
Tenenbaum v. Williams, 907 F. Supp. 606 (E.D.N.Y 1995). “” Social Service Law Section 417 permits “pursuant to the requirements and provisions of the family court act,” a caseworker to take a child into protective custody, without the consent of a parent, if there is reasonable cause to believe that the failure to do so will present…”
Young v. Campbell, 87 A.D.3d 692 (N.Y. App. Div. 2011). “The second, fourth, and sixth causes of action were, in effect, pursuant to Social Services Law § 420 to recover damages for emotional distress and additional attorneys’ fees the plaintiff allegedly incurred due to the alleged failure of all the defendants, except Martha Carlin,…”
Matter of Sharon B., 530 N.E.2d 832 (N.Y. 1988). “25); the right to take children into protective custody, sometimes without court order (Social Services Law §417; Family Ct Act § 1024); the right to supervise parents and others after a finding of neglect or abuse (Family Ct Act § 1054); and the right to obtain copies of…”
Van Emrik v. Chemung Cnty. Dep't of Soc. Servs., 191 A.D.2d 143 (N.Y. App. Div. 1993). “While concededly, in certain situations, such as the temporary removal of a child from parental custody, the good-faith inquiry may well include investigation into whether defendants had reasonable cause to believe that the parents posed a danger to the child (Social Services…”
Miriam P. v. St. Luke's-Roosevelt Hosp. Ctr., 163 A.D.2d 39 (N.Y. App. Div. 1990). · cites it 2× “Luke’s-Roosevelt Hospital after she was no longer in need of further medical treatment was authorized by statute (Social Services Law § 417 [1] [b]; [2]). In fulfilling its statutory obligations, the hospital notified *43 SSC whose duty it was to commence an immediate…”
Cooper v. Wiley, 128 A.D.2d 455 (N.Y. App. Div. 1987). “Accepting that Special Services, after interviewing petitioners, had good reason to believe that they were irreversibly opposed to a blood transfusion under any circumstances, prudent hospital management might well have called for taking steps to effect a transfer of custody…”
People v. Fields, 134 A.D.2d 365 (N.Y. App. Div. 1987). “He was, nevertheless, permitted to testify, at the defendant’s behest, that the child’s admission to the hospital was required under Social Services Law § 417 when abuse was suspected and that it was necessary to test for fractures and internal injuries.”
In re the Soc'y for the Prevention of Cruelty To Child., 137 Misc. 2d 271 (N.Y. Sup. Ct. 1987). “25; take children into protective custody under Social Services Law § 417 (sometimes without court order, Family Ct Act § 1024); to supervise parents and others after a finding of neglect or abuse under Family Court Act § 1054; initiate child protective proceedings under Family…”
Koppell v. Long Island Soc'y for Prevention of Cruelty to Child., 163 Misc. 2d 654 (N.Y. Sup. Ct. 1994). “For example, the Long Island SPCC may initiate and participate in court proceedings involving child abuse or neglect (N-PCL 1403 [b] [1]; Family Ct Act § 1032; Judiciary Law §§ 478, 484), take children who are the victims of abuse and neglect into protective custody (Social…”
Boland v. State, 176 Misc. 2d 625 (1998). · cites it 2× “Immediate emergency removal by police or child protective workers, for placement out of the home (Social Services Law § 417; Family Ct Act § 1024 [a]).”
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