§ 307.4. Hearing following detention. 1. If a child in custody is
brought before a judge of the family court before a petition is filed
upon a written application pursuant to subdivision four of section
307.3, the judge shall hold a hearing for the purpose of making a
preliminary determination of whether the court appears to have
jurisdiction over the child.

2. At such hearing the court must appoint an attorney to represent the
child pursuant to the provisions of section two hundred forty-nine if
independent legal representation is not available to such child.

3. The provisions of sections 320.3 and 341.2 shall apply at such
hearing.

4. After such hearing, the judge shall order the release of the child
to the custody of his parent or other person legally responsible for his
care if:

(a) the court does not appear to have jurisdiction, or

(b) the events occasioning the taking into custody do not appear to
involve allegations that the child committed a delinquent act, or

(c) the events occasioning the taking into custody appear to involve
acts which constitute juvenile delinquency, unless the court finds and
states facts and reasons which would support a detention order pursuant
to section 320.5.

5. Such hearing shall be held within seventy-two hours of the time
detention commenced or the next day the court is in session, whichever
is sooner.

6. The appropriate presentment agency shall present the application at
a hearing pursuant to this section.

7. A petition shall be filed and a probable-cause hearing held under
section 325.1 within four days of the conclusion of a hearing under this
section. If a petition is not filed within four days the child shall be
released.

8. Upon a finding of facts and reasons which support a detention order
pursuant to section 320.5 of this chapter, the court shall also
determine and state in any order directing detention:

(a) whether the continuation of the child in the child's home would be
contrary to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the time of the
hearing held in accordance with this section; and

(b) where appropriate and consistent with the need for protection of
the community, whether reasonable efforts were made prior to the date of
the court hearing that resulted in the detention order issued in
accordance with this section to prevent or eliminate the need for
removal of the child from his or her home or, if the child had been
removed from his or her home prior to the initial appearance, where
appropriate and consistent with the need for protection of the
community, whether reasonable efforts were made to make it possible for
the child to safely return home.