Section 307.3. Rules of court authorizing release before filing of petition

1.    The agency responsible for operating a detention facility pursuant
  to section two hundred eighteen-a of the county law, five hundred  ten-a
  of  the  executive  law  or  other  applicable  provisions of law, shall
  release a child in custody before  the  filing  of  a  petition  to  the
  custody of his parents or other person legally responsible for his care,
  or  if  such legally responsible person is unavailable, to a person with
  whom he resides, when the events occasioning the taking into custody  do
  not  appear to involve allegations that the child committed a delinquent
  act.
    2.  When practicable such agency may release a child before the filing
  of a petition to the custody of his  parents  or  other  person  legally
  responsible  for  his  care,  or  if  such legally responsible person is
  unavailable,  to  a  person  with  whom  he  resides,  when  the  events
  occasioning  the  taking into custody appear to involve allegations that
  the child committed a delinquent act.
    3. If a child is released under this section, the child and the person
  legally responsible  for  his  care  shall  be  issued  a  family  court
  appearance ticket in accordance with section 307.1.
    4.  If  the  agency for any reason does not release a child under this
  section, such child shall be brought    before  the  appropriate  family
  court  within seventy-two hours or the next day the court is in session,
  whichever is sooner. Such agency shall thereupon file an application for
  an order pursuant to section 307.4 and shall forthwith serve a  copy  of
  the application upon the appropriate presentment agency. Nothing in this
  subdivision  shall preclude the adjustment of suitable cases pursuant to
  section 308.1.