Section 307.4. Hearing following detention

1. If a child in custody is
  brought before a judge of the family court before a  petition  is  filed
  upon  a  written  application  pursuant  to  subdivision four of section
  307.3, 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.
    2. At such hearing the court must appoint a law guardian to  represent
  the  child  pursuant to the provisions of section two hundred forty-nine
  if independent legal representation is not available to such child.
    3. The provisions of sections 320.3 and  341.2  shall  apply  at  such
  hearing.
    4.  After such 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:
    (a) the court does not appear to have jurisdiction, or
    (b) the events occasioning the taking into custody do  not  appear  to
  involve allegations that the child committed a delinquent act, or
    (c)  the  events occasioning the taking into custody appear to involve
  acts which constitute juvenile delinquency, unless the court  finds  and
  states  facts and reasons which would support a detention order pursuant
  to section 320.5.
    5. Such hearing shall be held within seventy-two  hours  of  the  time
  detention  commenced  or the next day the court is in session, whichever
  is sooner.
    6. The appropriate presentment agency shall present the application at
  a hearing pursuant to this section.
    7. A petition shall be filed and a probable-cause hearing  held  under
  section 325.1 within four days of the conclusion of a hearing under this
  section.  If a petition is not filed within four days the child shall be
  released.
    8. Upon a finding of facts and reasons which support a detention order
  pursuant to  section  320.5  of  this  chapter,  the  court  shall  also
  determine and state in any order directing detention:
    (a) whether the 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
    (b)  where  appropriate and consistent with the need for protection of
  the community, whether reasonable efforts were made prior to the date of
  the court hearing  that  resulted  in  the  detention  order  issued  in
  accordance  with  this  section  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 initial appearance, where
  appropriate  and  consistent  with  the  need  for  protection  of   the
  community,  whether reasonable efforts were made to make it possible for
  the child to safely return home.