§ 1016 — Appointment of attorney for the child

New York § 1016

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction
• Art. 10: Child Protective Proceedings

Text

§ 1016. Appointment of attorney for the child. The court shall appoint\nan attorney to represent a child who has been allegedly abused or\nneglected upon the earliest occurrence of any of the following: (i) the\ncourt receiving notice, pursuant to paragraph (iv) of subdivision (b) of\nsection one thousand twenty-four of this act, of the emergency removal\nof the child; (ii) an application for an order for removal of the child\nprior to the filing of a petition, pursuant to section one thousand\ntwenty-two of this act; or (iii) the filing of a petition alleging abuse\nor neglect pursuant to this article.\n Whenever an attorney has been appointed by the family court pursuant\nto section two hundred forty-nine of this act to represent a child in a\nproceeding under this article, such appointment shall continue without\nfurther court order or appointment during (i) an order of disposition\nissued by the court pursuant to section one thousand fifty-two of this\narticle directing supervision, protection or suspending judgment, or any\nextension thereof; (ii) an adjournment in contemplation of dismissal as\nprovided for in section one thousand thirty-nine of this article or any\nextension thereof; or (iii) the pendency of the foster care placement\nordered pursuant to section one thousand fifty-two of this article. All\nnotices and reports required by law shall be provided to such attorney\nfor the child. Such appointment shall terminate upon the expiration of\nsuch order, unless another appointment of an attorney for the child has\nbeen made by the court or unless such attorney makes application to the\ncourt to be relieved of his or her appointment. Upon approval of such\napplication to be relieved, the court shall immediately appoint another\nattorney for the child to whom all notices and reports required by law\nshall be provided.\n The attorney for the child shall be entitled to compensation pursuant\nto applicable provisions of law for services rendered up to and\nincluding disposition of the petition. The attorney for the child shall,\nby separate application, be entitled to compensation for services\nrendered subsequent to the disposition of the petition.\n Nothing in this section shall be construed to limit the authority of\nthe court to remove the attorney for the child from his or her\nassignment.\n