Section 320.2. The initial appearance; timing; adjournment and appointment of counsel  


Latest version.
  • 1. If the respondent is  detained,  the  initial  appearance
      shall  be held no later than seventy-two hours after a petition is filed
      or the next day the court is in session, whichever  is  sooner.  If  the
      respondent is not detained, the initial appearance shall be held as soon
      as  practicable  and,  absent  good cause shown, within ten days after a
      petition is filed. If a warrant for the  respondent's  arrest  has  been
      issued pursuant to section 312.2 of this article due to the respondent's
      failure  to  appear  for  an  initial  appearance of which he or she had
      notice, computation of the time within which the initial appearance must
      be held shall exclude the period  extending  from  the  date  the  court
      issues  the  warrant  to the date the respondent is returned pursuant to
      the warrant or appears voluntarily; provided, however, no period of time
      may be excluded hereunder unless the  respondent's  location  cannot  be
      determined  by  the  exercise  of  due diligence or, if the respondent's
      location is known, his or her presence in court cannot  be  obtained  by
      the  exercise of due diligence. In determining whether due diligence has
      been exercised, the court  shall  consider,  among  other  factors,  the
      report  presented  to  the  court pursuant to subdivision two of section
      312.2 of this article.
        2. At the initial appearance the court must appoint a law guardian  to
      represent  the  respondent  pursuant  to  the  provisions of section two
      hundred forty-nine if independent legal representation is not  available
      to such respondent.
        3.  The  initial  appearance  may  be  adjourned  for  no  longer than
      seventy-two hours or until the next court day, whichever is  sooner,  to
      enable  an  appointed law guardian or other counsel to appear before the
      court.
        4. The clerk of the court shall notify the presentment agency and  any
      appointed law guardian of the initial appearance date.