Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 7. PROCEEDINGS CONCERNING WHETHER A PERSON IS IN NEED OF SUPERVISION |
Part 2. CUSTODY AND DETENTION |
Section 727. Rules of court authorizing release before filing of petition
Latest version.
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(a) The agency responsible for operating a detention facility or in a city of one million or more, the agency responsible for operating a foster care facility, may release a child in custody before the filing of a petition to the custody of his parents or other relative, guardian or legal custodian when the events occasioning the taking into custody appear to involve a petition to determine whether a person is in need of supervision rather than a petition to determine whether a person is a juvenile delinquent. (b) When a release is made under this section such release may, but need not, be conditioned upon the giving of a recognizance in accord with section seven hundred twenty-four (b) (i). (c) If the probation service for any reason does not release a child under this section, the child shall promptly be brought before a judge of the court, if practicable, and section seven hundred twenty-eight shall apply.