§ 1022. Preliminary orders of court before petition filed. (a) (i) The\nfamily court may enter an order directing the temporary removal of a\nchild from the place where he or she is residing before the filing of a\npetition under this article, if (A) the parent or other person legally\nresponsible for the child's care is absent or, though present, was asked\nand refused to consent to the temporary removal of the child and was\ninformed of an intent to apply for an order under this section and of\nthe information required by section one thousand twenty-three of this\npart; and\n (B) the child appears so to suffer from the abuse or neglect of his or\nher parent or other person legally responsible for his or her care that\nhis or her immediate removal is necessary to avoid imminent danger to\nthe child's life or health; and\n (C) there is not enough time to file a petition and hold a preliminary\nhearing under section one thousand twenty-seven of this part.\n (ii) When a child protective agency applies to a court for the\nimmediate removal of a child pursuant to this subdivision, the court\nshall calendar the matter for that day and shall continue the matter on\nsuccessive subsequent court days, if necessary, until a decision is made\nby the court.\n (iii) In determining whether temporary removal of the child is\nnecessary to avoid imminent risk to the child's life or health, the\ncourt shall consider and determine in its order whether continuation in\nthe child's home would be contrary to the best interests of the child\nand where appropriate, whether reasonable efforts were made prior to the\ndate of application for the order directing such temporary removal to\nprevent or eliminate the need for removal of the child from the home. If\nthe court determines that reasonable efforts to prevent or eliminate the\nneed for removal of the child from the home were not made but that the\nlack of such efforts was appropriate under the circumstances, the court\norder shall include such a finding.\n (iv) If the court determines that reasonable efforts to prevent or\neliminate the need for removal of the child from the home were not made\nbut that such efforts were appropriate under the circumstances, the\ncourt shall order the child protective agency to provide or arrange for\nthe provision of appropriate services or assistance to the child and the\nchild's family pursuant to section one thousand fifteen-a of this\narticle or subdivision (c) of this section.\n (v) The court shall also consider and determine whether imminent risk\nto the child would be eliminated by the issuance of a temporary order of\nprotection, pursuant to section one thousand twenty-nine of this part,\ndirecting the removal of a person or persons from the child's residence.\n (vi) Any order directing the temporary removal of a child pursuant to\nthis section shall state the court's findings with respect to the\nnecessity of such removal, whether the respondent was present at the\nhearing and, if not, what notice the respondent was given of the\nhearing, whether the respondent was represented by counsel, and, if not,\nwhether the respondent waived his or her right to counsel.\n (vii) At the conclusion of a hearing where it has been determined that\na child should be removed from his or her parent or other person legally\nresponsible, the court shall set the date certain for an initial\npermanency hearing pursuant to paragraph two of subdivision (a) of\nsection one thousand eighty-nine of this act. The date certain shall be\nincluded in the written order issued pursuant to subdivision (b) of this\nsection and shall set forth the date certain scheduled for the\npermanency hearing.\n (b) Any written order pursuant to this section shall be issued\nimmediately, but in no event later than the next court day following the\nremoval of the child. The order shall specify the facility to which the\nchild is to be brought. Except for good cause shown or unless the child\nis
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