Section 1026. Action by the appropriate person designated by the court and child protective agency upon emergency removal

(a)  The  appropriate
  person  designated  by  the  court  or  a  child  protective agency when
  informed that there has been an emergency removal of a child from his or
  her home without court order shall (i) make every reasonable  effort  to
  communicate  immediately with the child's parent or other person legally
  responsible for his or her care, and
    (ii) except in cases involving abuse, cause a child thus removed to be
  returned, if it concludes there is not an imminent risk to  the  child's
  health  in  so  doing.  In  cases  involving abuse, the child protective
  agency may recommend to the court that the child be returned or that  no
  petition be filed.
    (b)  The  child  protective  agency  may,  but need not, condition the
  return of a child under this  section  upon  the  giving  of  a  written
  promise,  without  security,  of  the  parent  or  other  person legally
  responsible for the child's care that he  or  she  will  appear  at  the
  family  court  at a time and place specified in the recognizance and may
  also require him or her to bring the child with him or her.
    (c) If the child protective agency for any reason does not return  the
  child  under this section after an emergency removal pursuant to section
  one thousand twenty-four of this part on the same day that the child  is
  removed,  or  if  the  child  protective agency concludes it appropriate
  after an emergency removal pursuant to section one thousand  twenty-four
  of  this  part, it shall cause a petition to be filed under this part no
  later than the next court day after the child was removed. The court may
  order an extension, only upon good cause shown, of  up  to  three  court
  days  from  the date of such child's removal. A hearing shall be held no
  later than the next court day after the petition is filed  and  findings
  shall  be made as required pursuant to section one thousand twenty-seven
  of this part.