§ 249-A — Waiver of counsel

New York § 249-A

• 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-a. Waiver of counsel. A minor who is a subject of a juvenile\ndelinquency or person in need of supervision proceeding 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 shall be presumed to lack the requisite knowledge\nand maturity to waive the appointment of an attorney. This presumption\nmay be rebutted only after an attorney has been appointed and the court\ndetermines after a hearing at which the attorney appears and\nparticipates and upon clear and convincing evidence that (a) the minor\nunderstands the nature of the charges, the possible dispositional\nalternatives and the possible defenses to the charges, (b) the minor\npossesses the maturity, knowledge and intelligence necessary to conduct\nhis or her own defense, and (c) waiver is in the best interest of the\nminor.\n * NB Effective until September 1, 2030\n * § 249-a. Waiver of counsel. A minor who is a subject of a juvenile\ndelinquency or person in need of supervision proceeding shall be\npresumed to lack the requisite knowledge and maturity to waive the\nappointment of an attorney. This presumption may be rebutted only after\nan attorney has been appointed and the court determines after a hearing\nat which the attorney appears and participates and upon clear and\nconvincing evidence that (a) the minor understands the nature of the\ncharges, the possible dispositional alternatives and the possible\ndefenses to the charges, (b) the minor possesses the maturity, knowledge\nand intelligence necessary to conduct his or her own defense, and (c)\nwaiver is in the best interest of the minor.\n * NB Effective September 1, 2030\n