§ 1027. Hearing and preliminary orders after filing of petition. (a)\n(i) In any case where the child has been removed without court order or\nwhere there has been a hearing pursuant to section one thousand\ntwenty-two of this part at which the respondent was not present, or was\nnot represented by counsel and did not waive his or her right to\ncounsel, the family court shall hold a hearing. Such hearing shall be\nheld no later than the next court day after the filing of a petition to\ndetermine whether the child's interests require protection, including\nwhether the child should be returned to the parent or other person\nlegally responsible, pending a final order of disposition and shall\ncontinue on successive court days, if necessary, until a decision is\nmade by the court.\n (ii) In any such case where the child has been removed, any person\noriginating a proceeding under this article shall, or the attorney for\nthe child may apply for, or the court on its own motion may order, a\nhearing at any time after the petition is filed to determine whether the\nchild's interests require protection pending a final order of\ndisposition. Such hearing must be scheduled for no later than the next\ncourt day after the application for such hearing has been made.\n (iii) In any case under this article in which a child has not been\nremoved from his or her parent or other person legally responsible for\nhis or her care, any person originating a proceeding under this article\nor the attorney for the child may apply for, or the court on its own\nmotion may order, a hearing at any time after the petition is filed to\ndetermine whether the child's interests require protection, including\nwhether the child should be removed from his or her parent or other\nperson legally responsible, pending a final order of disposition. Such\nhearing must be scheduled for no later than the next court day after the\napplication for such hearing has been made.\n (iv) Notice of a hearing shall be provided pursuant to section one\nthousand twenty-three of this part.\n (b) (i) Upon such hearing, if the court finds that removal is\nnecessary to avoid imminent risk to the child's life or health, it shall\nremove or continue the removal of the child. If the court makes such a\ndetermination that removal is necessary, the court shall immediately\ninquire as to the status of any efforts made by the local social\nservices district to locate relatives of the child, including any\nnon-respondent parent and all of the child's grandparents, as required\npursuant to section one thousand seventeen of this article. The court\nshall also inquire as to whether the child, if over the age of five, has\nidentified any relatives who play or have played a significant positive\nrole in his or her life and whether any respondent parent or any\nnon-respondent parent has identified any suitable relatives. Such\ninquiry shall include whether any relative who has been located has\nexpressed an interest in becoming a foster parent for the child or in\nseeking custody or care of the child. Upon completion of such inquiry,\nthe court shall remand or place the child:\n (A) with the local commissioner of social services and the court may\ndirect such commissioner to have the child reside with a relative or\nother suitable person who has indicated a desire to become a foster\nparent for the child and further direct such commissioner, pursuant to\nregulations of the office of children and family services, to commence\nan investigation of the home of such relative or other suitable person\nwithin twenty-four hours and thereafter expedite approval or\ncertification of such relative or other suitable person, if qualified,\nas a foster parent. If such home is found to be unqualified for approval\nor certification, the local commissioner shall report such fact to the\ncourt forthwith so that the court may make a placement determination\nthat is in the best interests of the child;\n (B) to a plac
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