FCA § 671

Issuance of warrant; certificate of warrant

§ 671. Issuance of warrant; certificate of warrant. (a) The court may issue a warrant, directing that the respondent be arrested, brought before the court, when a petition is presented to the court under sections six hundred fourteen, six hundred fifty-one, six hundred fifty-four, six hundred fifty-five and six hundred fifty-six of this article or section three hundred eighty-four-b of the social services law and it appears that:

(i) the summons cannot be served; or

(ii) the respondent has failed to obey the summons; or

(iii) the respondent is likely to leave the jurisdiction; or

(iv) a summons, in the court's opinion, would be ineffectual; or

(v) the safety of the petitioner or child is endangered; or

(vi) a respondent on bail or on parole has failed to appear.

(b) The petitioner may not serve a warrant upon the respondent unless the court itself grants such permission upon the application of the petitioner. The clerk of the court may issue to the petitioner or to the representative of an incorporated charitable or philanthropic society having a legitimate interest in the family a certificate stating that a warrant for the respondent has been issued by the court. The presentation of such certificate by said petitioner or representative to any peace officer, acting pursuant to his special duties, or police officer authorizes him to arrest the respondent and take him to court.

(c) A certificate of warrant expires ninety days from the date of issue but may be renewed from time to time by the clerk of the court.

(d) Rules of court shall provide that a record of all unserved warrants be kept and that periodic reports concerning unserved warrants be made.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/671

In plain English

The court may issue a warrant to arrest and bring in the respondent on a petition under §§ 614, 651, 654, 655, 656 (or SSL § 384-b) when: (i) the summons can't be served; (ii) the respondent ignored the summons; (iii) the respondent is likely to leave the jurisdiction; (iv) a summons would be ineffectual; (v) the petitioner's or child's safety is endangered; or (vi) a respondent on bail/parole failed to appear. ★

(b) The petitioner can't serve the warrant without the court's permission; the clerk may issue a certificate stating a warrant has been issued, which lets a peace/police officer arrest the respondent. ★
(c) A certificate of warrant expires 90 days from issue but may be renewed by the clerk. ★
(d) Rules require keeping a record of unserved warrants and periodic reports on them.

★ Exam hits:

Permanent-neglect petition (§ 614): five allegations; the key failure period is at least 1 year OR 15 of the most recent 22 months in agency care, "although able to do so."
Service (§ 617): summons served at least 20 days before appearance; publication = single notice, one newspaper, never the whole petition.
Two hearings: fact-finding proves § 614(a)–(d) by clear and convincing proof (§ 622); disposition decides best interests (§ 623). Post-petition contact is inadmissible at fact-finding (§ 624).
Three dispositions (§ 631): dismiss / suspended judgment / commit. Suspended judgment: max 1 year, one extension of up to 1 year, no successive extensions; compliance report 60 days before expiration; review date 30 days before expiration (§ 633).
Restoration (§§ 635–637): commitment must be 2+ years old, child 14+ and consenting; burden is clear and convincing; conditional grant runs up to 6 months.
Adoption (§ 641): Family Court jurisdiction is concurrent with Surrogate's Court.
Custody registry check (§ 651(e)): review OP registry + sex-offender registry before custody orders; successive temp orders skip it if reviewed within 90 days; emergency order review within 24 hours.
Orders of protection (§§ 655–656): TOP is not a finding of wrongdoing; protected party can't violate an order in their favor; firearm surrender determination is mandatory (§ 656-a).
Blindness alone can't defeat adoption/custody/guardianship (20/200 or ≤20°).
Warrant (§ 671): clerk issues a certificate of warrant that expires in 90 days (renewable).

Verbatim statute: FCA - Article 6

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.