§ 307.3. Rules of court authorizing release before filing of petition.\n1. The agency responsible for operating a detention facility pursuant to\nsection two hundred eighteen-a of the county law, five hundred ten-a of\nthe executive law or other applicable provisions of law, shall release a\nchild in custody before the filing of a petition to the custody of his\nparents or other person legally responsible for his care, or if such\nlegally responsible person is unavailable, to a person with whom he\nresides, when the events occasioning the taking into custody do not\nappear to involve allegations that the child committed a delinquent act.\n 2. When practicable such agency may release a child before the filing\nof a petition to the custody of his parents or other person legally\nresponsible for his care, or if such legally responsible person is\nunavailable, to a person with whom he resides, when the events\noccasioning the taking into custody appear to involve allegations that\nthe child committed a delinquent act.\n 3. If a child is released under this section, the child and the person\nlegally responsible for his care shall be issued a family court\nappearance ticket in accordance with section 307.1.\n 4. If the agency for any reason does not release a child under this\nsection, such child shall be brought before the appropriate family\ncourt, or when such family court is not in session, to the most\naccessible magistrate, if any, designated by the appellate division of\nthe supreme court in the applicable department; provided, however, that\nif such family court is not in session and if a magistrate is not\navailable, such youth shall be brought before such family court within\nseventy-two hours or the next day the court is in session, whichever is\nsooner. Such agency shall thereupon file an application for an order\npursuant to section 307.4 of this part and shall forthwith serve a copy\nof the application upon the appropriate presentment agency. Nothing in\nthis subdivision shall preclude the adjustment of suitable cases\npursuant to section 308.1.\n
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