N.Y. Fam. Ct. Act § 739

§ 739. Release or detention after filing of petition and prior to\norder of disposition. (a) After the filing of a petition under section\nseven hundred thirty-two of this part, the court in its discretion may\nrelease the respondent or direct his or her detention. If the respondent\nmay be a sexually exploited child as defined in subdivision one of\nsection four hundred forty-seven-a of the social services law, the court\nmay direct the respondent to an available short-term safe house as an\nalternative to detention. However, the court shall not direct detention\nunless it finds and states the facts and reasons for so finding that\nunless the respondent is detained there is a substantial probability\nthat the respondent will not appear in court on the return date and all\navailable alternatives to detention have been exhausted.\n (b) Unless the respondent waives a determination that probable cause\nexists to believe that he is a person in need of supervision, no\ndetention under this section may last more than three days (i) unless\nthe court finds, pursuant to the evidentiary standards applicable to a\nhearing on a felony complaint in a criminal court, that such probable\ncause exists, or (ii) unless special circumstances exist, in which cases\nsuch detention may be extended not more than an additional three days\nexclusive of Saturdays, Sundays and public holidays.\n (c) Upon a finding of facts and reasons which support a detention\norder pursuant to subdivision (a) of this section, the court shall also\ndetermine and state in any order directing detention:\n (i) whether continuation of the respondent in the respondent's home\nwould be contrary to the best interests of the respondent based upon,\nand limited to, the facts and circumstance available to the court at the\ntime of the court's determination in accordance with this section; and\n (ii) where appropriate, whether reasonable efforts were made prior to\nthe date of the court order directing detention in accordance with this\nsection, to prevent or eliminate the need for removal of the respondent\nfrom his or her home or, if the respondent had been removed from his or\nher home prior to the court appearance pursuant to this section, where\nappropriate, whether reasonable efforts were made to make it possible\nfor the respondent to safely return home.\n