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New York · Through 2026-09-11

N.Y. Family Court Act § 1090: Representation of parties

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Where this section sits in the code
  1. Family Court Act
  2. Article 10-A. Permanency Hearings For Children Placed Out of Their Homes

§ 1090. Representation of parties. (a) If an attorney for the child

has been appointed by the family court in a proceeding pursuant to this

article or section three hundred fifty-eight-a, three hundred

eighty-three-c, three hundred eighty-four, or three hundred

eighty-four-b of the social services law, or article ten, ten-B or ten-C

of this act, the appointment of the attorney for the child shall

continue without further court order or appointment, unless another

appointment of an attorney for the child has been made by the court,

until the child is discharged from placement and all orders regarding

supervision, protection or services have expired. The attorney for the

child shall also represent the child without further order or

appointment in any proceedings under article ten-B or ten-C of this act.

The attorney for the child shall also represent the child without

further order or appointment in any proceeding brought by a youth who

was formerly in foster care to enforce orders that were made prior to

such child's discharge from care when such child was between the ages of

eighteen and twenty-one. All notices, reports and motions required by

law shall be provided to such attorney. The attorney for the child may

be relieved of their representation upon application to the court for

termination of the appointment. Upon approval of the application, the

court shall immediately appoint another attorney to whom all notices,

reports, and motions required by law shall be provided.

(b) The appointment of an attorney for the respondent parent or

parents pursuant to section two hundred sixty-two of this act shall

continue without further order of the court. The appointment shall

expire upon the expiration of the time for appeal of an order of

disposition against the respondent parent committing custody and

guardianship of the child pursuant to section three hundred

eighty-four-b of the social services law or upon final determination of

any appeal or subsequent appeals authorized by law, or upon entry of an

order approving a surrender pursuant to the provisions of section three

hundred eighty-three-c of the social services law. All notices, reports

and motions required by law shall be served upon the attorney for the

respondent parent or parents. The attorney may be relieved of his or her

representation upon application to the court for termination of the

appointment. If the application is approved, the court shall immediately

appoint another attorney for the respondent parent or parents pursuant

to section two hundred sixty-two of this act upon whom all notices,

reports, and motions required by law shall be provided.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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