2006 New York Code - Discharge, Release Or Detention By Judge After Hearing And Before Filing Of Petition In Custody Cases.

 
    §  728.  Discharge,  release  or  detention by judge after hearing and
  before filing of petition in custody cases. (a) If a child in custody is
  brought before a judge of the family court before a petition  is  filed,
  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. At the commencement of the hearing, the judge  shall  advise  the
  child  of  his  right  to  remain silent, his right to be represented by
  counsel of his own choosing, and of his right to  have  a  law  guardian
  assigned  in  accord  with part four of article two of this act. He must
  also allow the child a reasonable time to send for his parents or  other
  person  legally  responsible  for his care, and for counsel, and adjourn
  the hearing for that purpose.
    (b) After 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 the court does not appear to have jurisdiction.
    (c) An order of release under this  section  may,  but  need  not,  be
  conditioned  upon  the  giving of a recognizance in accord with sections
  seven hundred twenty-four (b) (i).
    (d) Upon a finding of facts and  reasons  which  support  a  detention
  order pursuant to this section, the court shall also determine and state
  in any order directing detention:
    (i)  that there is no substantial likelihood that the youth and his or
  her family will continue to benefit from diversion services and that all
  available alternatives to detention have been exhausted; and
    (ii) whether 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
    (iii) where appropriate, whether reasonable efforts were made prior to
  the  date  of the court hearing that resulted in the detention order, 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
  court  appearance  pursuant  to this section, where appropriate, whether
  reasonable efforts were made to make it possible for the child to safely
  return home.