N.Y. Fam. Ct. Act § 307.3

§ 307.3. Rules of court authorizing release before filing of petition.\n1. The agency responsible for operating a detention facility pursuant\nto section two hundred eighteen-a of the county law, five hundred ten-a\nof the executive law or other applicable provisions of law, shall\nrelease a child in custody before the filing of a petition to the\ncustody of his parents or other person legally responsible for his care,\nor if such legally responsible person is unavailable, to a person with\nwhom he resides, when the events occasioning the taking into custody do\nnot appear to involve allegations that the child committed a delinquent\nact.\n 2. When practicable such agency may release a child before the filing\nof a petition to the custody of his parents or other person legally\nresponsible for his care, or if such legally responsible person is\nunavailable, to a person with whom he resides, when the events\noccasioning the taking into custody appear to involve allegations that\nthe child committed a delinquent act.\n 3. If a child is released under this section, the child and the person\nlegally responsible for his care shall be issued a family court\nappearance ticket in accordance with section 307.1.\n 4. If the agency for any reason does not release a child under this\nsection, such child shall be brought before the appropriate family\ncourt within seventy-two hours or the next day the court is in session,\nwhichever is sooner. Such agency shall thereupon file an application for\nan order pursuant to section 307.4 and shall forthwith serve a copy of\nthe application upon the appropriate presentment agency. Nothing in this\nsubdivision shall preclude the adjustment of suitable cases pursuant to\nsection 308.1.\n