Section 1028. Application to return child temporarily removed

(a) Upon the
  application of the parent or other person legally  responsible  for  the
  care  of  a  child  temporarily  removed  under  this  part  or upon the
  application of the law guardian for an order returning  the  child,  the
  court  shall  hold  a  hearing  to determine whether the child should be
  returned (i) unless there has been a hearing  pursuant  to  section  ten
  hundred  twenty-seven  of  this  article  on the removal of the child at
  which the parent or other person legally responsible was present and had
  the opportunity to be represented by counsel, or (ii)  upon  good  cause
  shown.  Except  for  good cause shown, such hearing shall be held within
  three court days of the application and shall  not  be  adjourned.  Upon
  such  hearing,  the  court  shall grant the application, unless it finds
  that the return presents an imminent risk to the child's life or health.
  If a parent or other person legally responsible for the care of a  child
  waives his or her right to a hearing under this section, the court shall
  advise  such  person  at that time that, notwithstanding such waiver, an
  application under this section may  be  made  at  any  time  during  the
  pendency of the proceedings.
    (b) In determining whether temporary removal of the child is necessary
  to  avoid  imminent  risk to the child's life or health, the court shall
  consider and determine in its order whether continuation in the  child's
  home  would  be  contrary  to  the best interests of the child and where
  appropriate, whether reasonable efforts were made prior to the  date  of
  the  hearing  to  prevent or eliminate the need for removal of the child
  from the home and where appropriate,  whether  reasonable  efforts  were
  made  after  removal  of  the child to make it possible for the child to
  safely return home.
    (c) If the court determines that  reasonable  efforts  to  prevent  or
  eliminate  the need for removal of the child from the home were not made
  but  that  the  lack  of  such  efforts  was   appropriate   under   the
  circumstances, the court order shall include such a finding.
    (d)  If  the  court  determines  that reasonable efforts to prevent or
  eliminate the need for removal of the child from the home were not  made
  but  that  such  efforts  were  appropriate under the circumstances, the
  court shall order the child protective agency to provide or arrange  for
  the provision of appropriate services or assistance to the child and the
  child's  family  pursuant  to  section  one  thousand  fifteen-a  or  as
  enumerated in subdivision (c) of section one thousand twenty-two of this
  article, notwithstanding the fact that a petition has been filed.
    (e) The court may issue a temporary order of  protection  pursuant  to
  section  ten hundred twenty-nine of this article as an alternative to or
  in conjunction with any other order or disposition authorized under this
  section.
    (f) The court shall also consider and determine whether imminent  risk
  to the child would be eliminated by the issuance of a temporary order of
  protection, pursuant to section ten hundred twenty-nine of this article,
  directing the removal of a person or persons from the child's residence.