§ 249 — Appointment of attorney for child

New York § 249

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Attorneys For Children
• Art. 2: Administration, Medical Examinations, Attorneys For Children, Auxiliary Services

Text

§ 249. Appointment of attorney for child. * (a) In a proceeding under\narticle three, seven, ten, ten-A or ten-C of this act or where a\nrevocation of an adoption consent is opposed under section one hundred\nfifteen-b of the domestic relations law or in any proceeding under\nsection three hundred fifty-eight-a, three hundred eighty-three-c, three\nhundred eighty-four or three hundred eighty-four-b of the social\nservices law or when a minor is sought to be placed in protective\ncustody under section one hundred fifty-eight of this act or in any\nproceeding where a minor is detained under or governed by the interstate\ncompact for juveniles established pursuant to section five hundred one-e\nof the executive law, the family court shall appoint an attorney to\nrepresent a minor who is the subject of the proceeding or who is sought\nto be placed in protective custody, if independent legal representation\nis not available to such minor. In any proceeding to extend or continue\nthe placement of a juvenile delinquent or person in need of supervision\npursuant to section seven hundred fifty-six or 353.3 of this act or any\nproceeding to extend or continue a commitment to the custody of the\ncommissioner of mental health or the commissioner of people with\ndevelopmental disabilities pursuant to section 322.2 of this act, the\ncourt shall not permit the respondent to waive the right to be\nrepresented by counsel chosen by the respondent, respondent's parent, or\nother person legally responsible for the respondent's care, or by\nassigned counsel. In any proceeding under article ten-B of this act, the\nfamily court shall appoint an attorney to represent a youth, under the\nage of twenty-one, who is the subject of the proceeding, if independent\nlegal representation is not available to such youth. In any other\nproceeding in which the court has jurisdiction, the court may appoint an\nattorney to represent the child, when, in the opinion of the family\ncourt judge, such representation will serve the purposes of this act, if\nindependent legal counsel is not available to the child. The family\ncourt on its own motion may make such appointment.\n * NB Effective until September 1, 2030\n * (a) In a proceeding under article three, seven, ten, ten-A or ten-C\nof this act or where a revocation of an adoption consent is opposed\nunder section one hundred fifteen-b of the domestic relations law or in\nany proceeding under section three hundred fifty-eight-a, three hundred\neighty-three-c, three hundred eighty-four or three hundred eighty-four-b\nof the social services law or when a minor is sought to be placed in\nprotective custody under section one hundred fifty-eight of this act,\nthe family court shall appoint an attorney to represent a minor who is\nthe subject of the proceeding or who is sought to be placed in\nprotective custody, if independent legal representation is not available\nto such minor. In any proceeding to extend or continue the placement of\na juvenile delinquent or person in need of supervision pursuant to\nsection seven hundred fifty-six or 353.3 of this act or any proceeding\nto extend or continue a commitment to the custody of the commissioner of\nmental health or the commissioner of the office for people with\ndevelopmental disabilities pursuant to section 322.2 of this act, the\ncourt shall not permit the respondent to waive the right to be\nrepresented by counsel chosen by the respondent, respondent's parent, or\nother person legally responsible for the respondent's care, or by\nassigned counsel. In any proceeding under article ten-B of this act, the\nfamily court shall appoint an attorney to represent a youth, under the\nage of twenty-one, who is the subject of the proceeding, if independent\nlegal representation is not available to such youth. In any other\nproceeding in which the court has jurisdiction, the court may appoint an\nattorney to represent the child, when, in the opinion of the family\ncourt judge, such representation will serve the purposes of this act, if\nindependent legal counsel is not available to the child. The family\ncourt on its own motion may make such appointment.\n * NB Effective September 1, 2030\n (b) In making an appointment of an attorney for a child pursuant to\nthis section, the court shall, to the extent practicable and\nappropriate, appoint the same attorney who has previously represented\nthe child. Notwithstanding any other provision of law, in a proceeding\nunder article three of this act following an order of removal made\npursuant to article seven hundred twenty-five of the criminal procedure\nlaw, the court shall, wherever practicable, appoint the same counsel who\nrepresented the juvenile offender in the criminal proceedings.\n (c) In any proceeding under subdivision eleven of section 355.5 of\nthis act, subdivision (j) of section seven hundred fifty-six-a of this\nact, section one thousand fifteen-a of this act, subdivision (d) of\nsection one thousand eighty-eight of this act, clause (C-1) of\nsubparagraph (viii) of paragraph two of subdivision (d) of section one\nthousand eighty-nine of this act, and/or paragraph (c) of subdivision\ntwo-a of section three hundred fifty-eight-a of the social services law,\nthe court shall appoint an attorney to represent a youth who was\nformerly in foster care and is seeking to enforce an order made on their\nbehalf before their twenty-first birthday while they were still in\nfoster care, if independent legal representation is not available to\nsuch youth. Such representation shall continue for all further\nproceedings thereon, including all motions and any related appeals.\n