§ 320.2. The initial appearance; timing; adjournment and appointment
of counsel. 1. If the respondent is detained, the initial appearance
shall be held no later than seventy-two hours after a petition is filed
or the next day the court is in session, whichever is sooner. If the
respondent is not detained, the initial appearance shall be held as soon
as practicable and, absent good cause shown, within ten days after a
petition is filed. If a warrant for the respondent's arrest has been
issued pursuant to section 312.2 of this article due to the respondent's
failure to appear for an initial appearance of which he or she had
notice, computation of the time within which the initial appearance must
be held shall exclude the period extending from the date the court
issues the warrant to the date the respondent is returned pursuant to
the warrant or appears voluntarily; provided, however, no period of time
may be excluded hereunder unless the respondent's location cannot be
determined by the exercise of due diligence or, if the respondent's
location is known, his or her presence in court cannot be obtained by
the exercise of due diligence. In determining whether due diligence has
been exercised, the court shall consider, among other factors, the
report presented to the court pursuant to subdivision two of section
312.2 of this article.

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

3. The initial appearance may be adjourned for no longer than
seventy-two hours or until the next court day, whichever is sooner, to
enable an attorney for the respondent to appear before the court.

4. The clerk of the court shall notify the presentment agency and any
attorney for the respondent of the initial appearance date.