N.Y. Family Court Act § 307.3: Rules of court authorizing release before filing of petition

§ 307.3. Rules of court authorizing release before filing of petition.

1. The agency responsible for operating a detention facility pursuant to

section two hundred eighteen-a of the county law, five hundred ten-a of

the executive law or other applicable provisions of law, shall release a

child in custody before the filing of a petition to the custody of his

parents or other person legally responsible for his care, or if such

legally responsible person is unavailable, to a person with whom he

resides, when the events occasioning the taking into custody do not

appear to involve allegations that the child committed a delinquent act.

2. When practicable such agency may release a child before the filing

of a petition to the custody of his parents or other person legally

responsible for his care, or if such legally responsible person is

unavailable, to a person with whom he resides, when the events

occasioning the taking into custody appear to involve allegations that

the child committed a delinquent act.

3. If a child is released under this section, the child and the person

legally responsible for his care shall be issued a family court

appearance ticket in accordance with section 307.1.

4. If the agency for any reason does not release a child under this

section, such child shall be brought before the appropriate family

court, or when such family court is not in session, to the most

accessible magistrate, if any, designated by the appellate division of

the supreme court in the applicable department; provided, however, that

if such family court is not in session and if a magistrate is not

available, such youth shall be brought before such family court within

seventy-two hours or the next day the court is in session, whichever is

sooner. Such agency shall thereupon file an application for an order

pursuant to section 307.4 of this part and shall forthwith serve a copy

of the application upon the appropriate presentment agency. Nothing in

this subdivision shall preclude the adjustment of suitable cases

pursuant to section 308.1.