Issuance of a warrant

§ 312.2. Issuance of a warrant. 1. The court may issue a warrant,
directing that the respondent personally or other person legally
responsible for his or her care or, if such legally responsible person
is not available, a person with whom he or she resides, be brought
before the court, when a petition has been filed and it appears that:

(a) a summons cannot be served; or

(b) such person has refused to obey a summons or family court
appearance ticket; or

(c) the respondent or other person is likely to leave the
jurisdiction; or

(d) a summons, in the court's opinion, would be ineffectual; or

(e) a respondent has failed to appear.

2. Upon issuance of a warrant due to the respondent's failure to
appear for a scheduled court date, the court shall adjourn the matter to
a date certain within thirty days for a report on the efforts made to
secure the respondent's appearance in court. The court may order that
the person legally responsible for the respondent's care or, if such
legally responsible person is not available, a person with whom the
respondent resides, appear on the adjourned date. Upon receiving the
report, for good cause, the court may order further reports and may
require further appearances of the person legally responsible for the
respondent's care or, if such person legally responsible is not
available, a person with whom the respondent resides. Upon receiving the
initial or any subsequent report, the court shall set forth in writing
its findings of fact as to the efforts, if any, made up to that date to
secure the respondent's appearance in court.

3. A juvenile who is arrested pursuant to a warrant issued under this
section must forthwith and with all reasonable speed be taken directly
to the family court located in the county in which the warrant had been
issued, or, when the family court is not in session, to the most
accessible magistrate, if any, designated by the appellate division of
the supreme court in the applicable department. If a juvenile is brought
before an accessible magistrate, the magistrate shall set a date for the
juvenile to appear in the family court in the county in which the
warrant had been issued, which shall be no later than the next day the
court is in session if the magistrate orders the juvenile to be detained
and within ten court days if the magistrate orders the juvenile to be
released. In determining whether the juvenile should be released, with
or without conditions, or detained, the magistrate shall apply the
criterion and issue the findings required by section 320.5 of this
article. The magistrate shall transmit its order to the family court
forthwith.