Section 739. Release or detention after filing of petition and prior to order of disposition  


Latest version.
  • (a) After the filing of a petition  under  section
      seven  hundred  thirty-two  of this article, the court in its discretion
      may release the respondent or direct his or her detention. However,  the
      court  shall  not  direct detention unless it finds and states the facts
      and reasons for so finding that unless the respondent is detained  there
      is  a  substantial  probability  that  the respondent will not appear in
      court on the return date and all  available  alternatives  to  detention
      have been exhausted.
        (b)  Unless  the respondent waives a determination that probable cause
      exists to believe that he  is  a  person  in  need  of  supervision,  no
      detention  under  this  section may last more than three days (i) unless
      the court finds, pursuant to the evidentiary standards applicable  to  a
      hearing  on  a  felony complaint in a criminal court, that such probable
      cause exists, or (ii) unless special circumstances exist, in which cases
      such detention may be extended not more than an  additional  three  days
      exclusive of Saturdays, Sundays and public holidays.
        (c)  Upon  a  finding  of  facts and reasons which support a detention
      order pursuant to subdivision (a) of this section, the court shall  also
      determine and state in any order directing detention:
        (i)  whether  continuation  of the respondent in the respondent's home
      would be contrary to the best interests of the  respondent  based  upon,
      and limited to, the facts and circumstance available to the court at the
      time of the court's determination in accordance with this section; and
        (ii)  where appropriate, whether reasonable efforts were made prior to
      the date of the court order directing detention in accordance with  this
      section,  to prevent or eliminate the need for removal of the respondent
      from his or her home or, if the respondent had been removed from his  or
      her  home  prior to the court appearance pursuant to this section, where
      appropriate, whether reasonable efforts were made to  make  it  possible
      for the respondent to safely return home.