N.Y. Family Court Act § 739: Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition

§ 739. Release, pre-dispositional placement or referral after filing

of petition and prior to order of disposition. (a) After the filing of a

petition under section seven hundred thirty-two of this part, the court

in its discretion may release the respondent or direct his or her

pre-dispositional placement. If the respondent may be a sexually

exploited child as defined in subdivision one of section four hundred

forty-seven-a of the social services law, the court may direct the

respondent to an available short-term safe house as an alternative to

placement. However, the court shall not direct pre-dispositional

placement unless it finds and states the facts and reasons for so

finding that unless the respondent is placed there is a substantial

probability that the respondent will not appear in court on the return

date and all available alternatives to such placement have been

exhausted.

(b) Unless the respondent waives a determination that probable cause

exists to believe that he is a person in need of supervision, no

pre-dispositional placement under this section may last more than three

days (i) unless the court finds, pursuant to the evidentiary standards

applicable to a hearing on a felony complaint in a criminal court, that

such probable cause exists, or (ii) unless special circumstances exist,

in which cases such detention may be extended not more than an

additional three days exclusive of Saturdays, Sundays and public

holidays.

(c) Upon a finding of facts and reasons which support a detention

order pursuant to subdivision (a) of this section, the court shall also

determine and state in any order directing detention:

(i) whether continuation of the respondent in the respondent's home

would be contrary to the best interests of the respondent based upon,

and limited to, the facts and circumstance available to the court at the

time of the court's determination in accordance with this section; and

(ii) where appropriate, whether reasonable efforts were made prior to

the date of the court order directing pre-dispositional placement in

accordance with this section, to prevent or eliminate the need for

removal of the respondent from his or her home or, if the respondent had

been removed from his or her home prior to the court appearance pursuant

to this section, where appropriate, whether reasonable efforts were made

to make it possible for the respondent to safely return home.