New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
* ยง 727. Rules of court authorizing release before filing of petition.
(a) The agency responsible for operating a detention facility or in a
city of one million or more, the agency responsible for operating a
foster care facility, may release a child in custody before the filing
of a petition to the custody of his parents or other relative, guardian
or legal custodian when the events occasioning the taking into custody
appear to involve a petition to determine whether a person is in need of
supervision rather than a petition to determine whether a person is a
juvenile delinquent.
(b) When a release is made under this section such release may, but
need not, be conditioned upon the giving of a recognizance in accord
with section seven hundred twenty-four (b) (i).
(c) If the probation service for any reason does not release a child
under this section, the child shall promptly be brought before a judge
of the court, if practicable, and section seven hundred twenty-eight
shall apply.
* NB Repealed January 1, 2020
