N.Y. FCT Law § 307.4

§ 307.4. Hearing following detention. 1. If a child in custody is\nbrought before a judge of the family court before a petition is filed\nupon a written application pursuant to subdivision four of section\n307.3, the judge shall hold a hearing for the purpose of making a\npreliminary determination of whether the court appears to have\njurisdiction over the child.\n 2. At such hearing the court must appoint an attorney to represent the\nchild pursuant to the provisions of section two hundred forty-nine if\nindependent legal representation is not available to such child.\n 3. The provisions of sections 320.3 and 341.2 shall apply at such\nhearing.\n 4. After such hearing, the judge shall order the release of the child\nto the custody of his parent or other person legally responsible for his\ncare if:\n (a) the court does not appear to have jurisdiction, or\n (b) the events occasioning the taking into custody do not appear to\ninvolve allegations that the child committed a delinquent act, or\n (c) the events occasioning the taking into custody appear to involve\nacts which constitute juvenile delinquency, unless the court finds and\nstates facts and reasons which would support a detention order pursuant\nto section 320.5.\n 5. Such hearing shall be held within seventy-two hours of the time\ndetention commenced or the next day the court is in session, whichever\nis sooner.\n 6. The appropriate presentment agency shall present the application at\na hearing pursuant to this section.\n 7. A petition shall be filed and a probable-cause hearing held under\nsection 325.1 within four days of the conclusion of a hearing under this\nsection. If a petition is not filed within four days the child shall be\nreleased.\n 8. Upon a finding of facts and reasons which support a detention order\npursuant to section 320.5 of this chapter, the court shall also\ndetermine and state in any order directing detention:\n (a) whether the continuation of the child in the child's home would be\ncontrary to the best interests of the child based upon, and limited to,\nthe facts and circumstances available to the court at the time of the\nhearing held in accordance with this section; and\n (b) where appropriate and consistent with the need for protection of\nthe community, whether reasonable efforts were made prior to the date of\nthe court hearing that resulted in the detention order issued in\naccordance with this section to prevent or eliminate the need for\nremoval of the child from his or her home or, if the child had been\nremoved from his or her home prior to the initial appearance, where\nappropriate and consistent with the need for protection of the\ncommunity, whether reasonable efforts were made to make it possible for\nthe child to safely return home.\n