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. (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. (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. (3) the alleged conduct by the child involved the use or threatened use of violence; or
4. (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.