N.Y. Family Court Act § 307.4: Hearing following detention

§ 307.4. Hearing following detention. 1. If a child in custody is

brought before a judge of the family court before a petition is filed

upon a written application pursuant to subdivision four of section

307.3, the judge shall hold a hearing for the purpose of making a

preliminary determination of whether the court appears to have

jurisdiction over the child.

2. At such hearing the court must appoint an attorney to represent the

child pursuant to the provisions of section two hundred forty-nine if

independent legal representation is not available to such child.

3. The provisions of sections 320.3 and 341.2 shall apply at such

hearing.

4. After such hearing, the judge shall order the release of the child

to the custody of his parent or other person legally responsible for his

care if:

(a) the court does not appear to have jurisdiction, or

(b) the events occasioning the taking into custody do not appear to

involve allegations that the child committed a delinquent act, or

(c) the events occasioning the taking into custody appear to involve

acts which constitute juvenile delinquency, unless the court finds and

states facts and reasons which would support a detention order pursuant

to section 320.5.

5. Such hearing shall be held within seventy-two hours of the time

detention commenced or the next day the court is in session, whichever

is sooner.

6. The appropriate presentment agency shall present the application at

a hearing pursuant to this section.

7. A petition shall be filed and a probable-cause hearing held under

section 325.1 within four days of the conclusion of a hearing under this

section. If a petition is not filed within four days the child shall be

released.

8. Upon a finding of facts and reasons which support a detention order

pursuant to section 320.5 of this chapter, the court shall also

determine and state in any order directing detention:

(a) whether the continuation of the child in the child's home would be

contrary to the best interests of the child based upon, and limited to,

the facts and circumstances available to the court at the time of the

hearing held in accordance with this section; and

(b) where appropriate and consistent with the need for protection of

the community, whether reasonable efforts were made prior to the date of

the court hearing that resulted in the detention order issued in

accordance with this section to prevent or eliminate the need for

removal of the child from his or her home or, if the child had been

removed from his or her home prior to the initial appearance, where

appropriate and consistent with the need for protection of the

community, whether reasonable efforts were made to make it possible for

the child to safely return home.