N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.21 - Authorization to detention agency for release of a child taken into custody before the filing of a petition (juvenile delinquency)
(a) When a child is brought to a
detention facility prior to the filing of a petition, pursuant to section 305.2
of the Family Court Act, the agency responsible for operating the detention
facility is authorized to release the child before the filing of a petition
when the events that occasioned the taking into custody do not appear to
involve allegations that the child committed a delinquent act.
(b) If the events occasioning
the taking into custody do appear to involve allegations that the child
committed a delinquent act, the agency is authorized to release the child where
practicable and issue an appearance ticket in accordance with section 307.1 of
the Family Court Act, unless special circumstances exist which require the
detention of the child, including whether:
(1) there is a substantial probability
that the child will not appear or be produced at the appropriate probation
service at a specified time and place; or
(2) there is a serious risk that, before
the petition is filed, the child may commit an act which, if committed by an
adult, would constitute a crime; or
(3) the alleged conduct by the child
involved the use or threatened use of violence; or
(4) there is reason to believe
that a proceeding to determine whether the child is a juvenile delinquent or
juvenile offender is currently pending.
(c) Any child released pursuant
to this rule shall be released to the custody of his or her parent or other
person legally responsible for his or her care, or if such legally responsible
person is unavailable, to a person with whom he or she resides.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.