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New York · Through 2026-09-11

N.Y. Family Court Act § 1016: Appointment of attorney for the child

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Where this section sits in the code
  1. Family Court Act
  2. Article 10. Child Protective Proceedings
  3. Part 1. Jurisdiction

§ 1016. Appointment of attorney for the child. The court shall appoint

an attorney to represent a child who has been allegedly abused or

neglected upon the earliest occurrence of any of the following: (i) the

court receiving notice, pursuant to paragraph (iv) of subdivision (b) of

section one thousand twenty-four of this act, of the emergency removal

of the child; (ii) an application for an order for removal of the child

prior to the filing of a petition, pursuant to section one thousand

twenty-two of this act; or (iii) the filing of a petition alleging abuse

or neglect pursuant to this article.

Whenever an attorney has been appointed by the family court pursuant

to section two hundred forty-nine of this act to represent a child in a

proceeding under this article, such appointment shall continue without

further court order or appointment during (i) an order of disposition

issued by the court pursuant to section one thousand fifty-two of this

article directing supervision, protection or suspending judgment, or any

extension thereof; (ii) an adjournment in contemplation of dismissal as

provided for in section one thousand thirty-nine of this article or any

extension thereof; or (iii) the pendency of the foster care placement

ordered pursuant to section one thousand fifty-two of this article. All

notices and reports required by law shall be provided to such attorney

for the child. Such appointment shall terminate upon the expiration of

such order, unless another appointment of an attorney for the child has

been made by the court or unless such attorney makes application to the

court to be relieved of his or her appointment. Upon approval of such

application to be relieved, the court shall immediately appoint another

attorney for the child to whom all notices and reports required by law

shall be provided.

The attorney for the child shall be entitled to compensation pursuant

to applicable provisions of law for services rendered up to and

including disposition of the petition. The attorney for the child shall,

by separate application, be entitled to compensation for services

rendered subsequent to the disposition of the petition.

Nothing in this section shall be construed to limit the authority of

the court to remove the attorney for the child from his or her

assignment.

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