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N.Y. Fam. Ct. Act § 312.2

Issuance of a warrant

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2022). View current text →

§ 312.2. Issuance of a warrant. 1. The court may issue a warrant,\ndirecting that the respondent personally or other person legally\nresponsible for his or her care or, if such legally responsible person\nis not available, a person with whom he or she resides, be brought\nbefore the court, when a petition has been filed and it appears that:\n (a) a summons cannot be served; or\n (b) such person has refused to obey a summons or family court\nappearance ticket; or\n (c) the respondent or other person is likely to leave the\njurisdiction; or\n (d) a summons, in the court's opinion, would be ineffectual; or\n (e) a respondent has failed to appear.\n 2. Upon issuance of a warrant due to the respondent's failure to\nappear for a scheduled court date, the court shall adjourn the matter to\na date certain within thirty days for a report on the efforts made to\nsecure the respondent's appearance in court. The court may order that\nthe person legally responsible for the respondent's care or, if such\nlegally responsible person is not available, a person with whom the\nrespondent resides, appear on the adjourned date. Upon receiving the\nreport, for good cause, the court may order further reports and may\nrequire further appearances of the person legally responsible for the\nrespondent's care or, if such person legally responsible is not\navailable, a person with whom the respondent resides. Upon receiving the\ninitial or any subsequent report, the court shall set forth in writing\nits findings of fact as to the efforts, if any, made up to that date to\nsecure the respondent's appearance in court.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.