N.Y. Fam. Ct. Act § 325.1

§ 325.1. The probable-cause hearing; time. * 1. At the initial\nappearance, if the respondent denies a charge contained in the petition\nand the court determines that he shall be detained for more than three\ndays pending a fact-finding hearing, the court shall schedule a\nprobable-cause hearing to determine the issues specified in section\n325.3.\n * NB Effective until October 1, 2018\n * 1. At the initial appearance, if the respondent denies a charge\ncontained in the petition and the court determines that the respondent\nshall be detained for more than three days pending a fact-finding\nhearing, the court shall schedule a probable-cause hearing to determine\nthe issues specified in section 325.3 of this part.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n 2. Such probable-cause hearing shall be held within three days\nfollowing the initial appearance or within four days following the\nfiling of a petition, whichever occurs sooner.\n 3. For good cause shown, the court may adjourn the hearing for no more\nthan an additional three court days.\n 4. The respondent may waive the probable-cause hearing, but the fact\nthat the respondent is not ready for a fact-finding hearing shall not be\ndeemed such a waiver.\n * 5. Where the petition consists of an order of removal pursuant to\narticle seven hundred twenty-five of the criminal procedure law, unless\nthe removal was pursuant to subdivision three of section 725.05 of such\nlaw and the respondent was not afforded a probable cause hearing\npursuant to subdivision three of section 180.75 of such law for a reason\nother than his waiver thereof pursuant to subdivision two of section\n180.75 of such law, the petition shall be deemed to be based upon a\ndetermination that probable cause exists to believe the respondent is a\njuvenile delinquent and the respondent shall not be entitled to any\nfurther inquiry on the subject of whether probable cause exists. After\nthe filing of any such petition the court must, however, exercise\nindependent, de novo discretion with respect to release or detention as\nset forth in section 320.5.\n * NB Effective until October 1, 2018\n * 5. Where the petition consists of an order of removal pursuant to\narticle seven hundred twenty-five of the criminal procedure law, unless\nthe removal was pursuant to subdivision three of section 725.05 of such\nlaw and the respondent was not afforded a probable cause hearing\npursuant to subdivision three of section 722.20 of such law, the\npetition shall be deemed to be based upon a determination that probable\ncause exists to believe the respondent is a juvenile delinquent and the\nrespondent shall not be entitled to any further inquiry on the subject\nof whether probable cause exists. After the filing of any such petition\nthe court must, however, exercise independent, de novo discretion with\nrespect to release or detention as set forth in section 320.5 of this\npart.\n * NB Effective October 1, 2018; see ch. 59/2017 Pt. WWW § 106 sb b for\nfurther contingencies for 10/1/2019\n