Release, pre-dispositional placement or referral after filing of petition and prior to order of disposition

§ 739. Release, pre-dispositional placement or referral after filing
of petition and prior to order of disposition. (a) After the filing of a
petition under section seven hundred thirty-two of this part, the court
in its discretion may release the respondent or direct his or her
pre-dispositional placement. If the respondent may be a sexually
exploited child as defined in subdivision one of section four hundred
forty-seven-a of the social services law, the court may direct the
respondent to an available short-term safe house as an alternative to
placement. However, the court shall not direct pre-dispositional
placement unless it finds and states the facts and reasons for so
finding that unless the respondent is placed there is a substantial
probability that the respondent will not appear in court on the return
date and all available alternatives to such placement have been
exhausted.

(b) Unless the respondent waives a determination that probable cause
exists to believe that he is a person in need of supervision, no
pre-dispositional placement under this section may last more than three
days (i) unless the court finds, pursuant to the evidentiary standards
applicable to a hearing on a felony complaint in a criminal court, that
such probable cause exists, or (ii) unless special circumstances exist,
in which cases such detention may be extended not more than an
additional three days exclusive of Saturdays, Sundays and public
holidays.

(c) Upon a finding of facts and reasons which support a detention
order pursuant to subdivision (a) of this section, the court shall also
determine and state in any order directing detention:

(i) whether continuation of the respondent in the respondent's home
would be contrary to the best interests of the respondent based upon,
and limited to, the facts and circumstance available to the court at the
time of the court's determination in accordance with this section; and

(ii) where appropriate, whether reasonable efforts were made prior to
the date of the court order directing pre-dispositional placement in
accordance with this section, to prevent or eliminate the need for
removal of the respondent from his or her home or, if the respondent had
been removed from his or her home prior to the court appearance pursuant
to this section, where appropriate, whether reasonable efforts were made
to make it possible for the respondent to safely return home.