§ 1090 — Representation of parties

New York § 1090

• Jurisdiction: New York
• Law FCT: Family Court Act
• Art. 10-A: Permanency Hearings For Children Placed Out of Their Homes

Text

§ 1090. Representation of parties. (a) If an attorney for the child\nhas been appointed by the family court in a proceeding pursuant to this\narticle or section three hundred fifty-eight-a, three hundred\neighty-three-c, three hundred eighty-four, or three hundred\neighty-four-b of the social services law, or article ten, ten-B or ten-C\nof this act, the appointment of the attorney for the child shall\ncontinue without further court order or appointment, unless another\nappointment of an attorney for the child has been made by the court,\nuntil the child is discharged from placement and all orders regarding\nsupervision, protection or services have expired. The attorney for the\nchild shall also represent the child without further order or\nappointment in any proceedings under article ten-B or ten-C of this act.\nThe attorney for the child shall also represent the child without\nfurther order or appointment in any proceeding brought by a youth who\nwas formerly in foster care to enforce orders that were made prior to\nsuch child's discharge from care when such child was between the ages of\neighteen and twenty-one. All notices, reports and motions required by\nlaw shall be provided to such attorney. The attorney for the child may\nbe relieved of their representation upon application to the court for\ntermination of the appointment. Upon approval of the application, the\ncourt shall immediately appoint another attorney to whom all notices,\nreports, and motions required by law shall be provided.\n (b) The appointment of an attorney for the respondent parent or\nparents pursuant to section two hundred sixty-two of this act shall\ncontinue without further order of the court. The appointment shall\nexpire upon the expiration of the time for appeal of an order of\ndisposition against the respondent parent committing custody and\nguardianship of the child pursuant to section three hundred\neighty-four-b of the social services law or upon final determination of\nany appeal or subsequent appeals authorized by law, or upon entry of an\norder approving a surrender pursuant to the provisions of section three\nhundred eighty-three-c of the social services law. All notices, reports\nand motions required by law shall be served upon the attorney for the\nrespondent parent or parents. The attorney may be relieved of his or her\nrepresentation upon application to the court for termination of the\nappointment. If the application is approved, the court shall immediately\nappoint another attorney for the respondent parent or parents pursuant\nto section two hundred sixty-two of this act upon whom all notices,\nreports, and motions required by law shall be provided.\n