§ 320.2. The initial appearance; timing; adjournment and appointment\nof counsel. 1. If the respondent is detained, the initial appearance\nshall be held no later than seventy-two hours after a petition is filed\nor the next day the court is in session, whichever is sooner. If the\nrespondent is not detained, the initial appearance shall be held as soon\nas practicable and, absent good cause shown, within ten days after a\npetition is filed. If a warrant for the respondent's arrest has been\nissued pursuant to section 312.2 of this article due to the respondent's\nfailure to appear for an initial appearance of which he or she had\nnotice, computation of the time within which the initial appearance must\nbe held shall exclude the period extending from the date the court\nissues the warrant to the date the respondent is returned pursuant to\nthe warrant or appears voluntarily; provided, however, no period of time\nmay be excluded hereunder unless the respondent's location cannot be\ndetermined by the exercise of due diligence or, if the respondent's\nlocation is known, his or her presence in court cannot be obtained by\nthe exercise of due diligence. In determining whether due diligence has\nbeen exercised, the court shall consider, among other factors, the\nreport presented to the court pursuant to subdivision two of section\n312.2 of this article.\n 2. At the initial appearance the court must appoint an attorney to\nrepresent the respondent pursuant to the provisions of section two\nhundred forty-nine if independent legal representation is not available\nto such respondent.\n 3. The initial appearance may be adjourned for no longer than\nseventy-two hours or until the next court day, whichever is sooner, to\nenable an attorney for the respondent to appear before the court.\n 4. The clerk of the court shall notify the presentment agency and any\nattorney for the respondent of the initial appearance date.\n
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