§ 1033-B — Initial appearance; procedures

New York § 1033-B

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Preliminary Procedure
• Art. 10: Child Protective Proceedings

Text

§ 1033-b. Initial appearance; procedures. 1. (a) At the initial\nappearance, the court shall appoint an attorney to represent the\ninterests of any child named in a petition who is alleged to be abused\nor neglected, unless an attorney has already been appointed for such\nchild pursuant to section one thousand sixteen of this act.\n (b) At the initial appearance, the court shall advise the respondent\nof the allegations in the petition and further advise the respondent of\nthe right to an adjournment of the proceeding in order to obtain\ncounsel. The recitation of such rights shall not be waived except that\nthe recitation of the allegations in the petition may be waived upon the\nconsent of the counsel for the respondent and such counsel's\nrepresentation on the record that he or she has explained such\nallegations to the respondent and has provided the respondent with a\ncopy of the petition and the respondent's acknowledgement of receipt of\nthe petition and such explanation.\n (c) At the initial appearance, the court shall appoint counsel for\nindigent respondents pursuant to section two hundred sixty-two of this\nact.\n (d) In any case where a child has been removed, the court shall advise\nthe respondent of the right to a hearing, pursuant to section ten\nhundred twenty-eight of this act, for the return of the child and that\nsuch hearing may be requested at any time during the proceeding. The\nrecitation of such rights shall not be waived.\n (e) At the initial appearance, the court shall inquire of the child\nprotective agency whether such agency intends to prove that the child is\na severely or repeatedly abused child as defined in subdivision eight of\nsection three hundred eighty-four-b of the social services law, by clear\nand convincing evidence. Where the agency advises the court that it\nintends to submit such proof, the court shall so advise the respondent.\n