N.Y. Family Court Act § 249: Appointment of attorney for child

§ 249. Appointment of attorney for child. * (a) In a proceeding under

article three, seven, ten, ten-A or ten-C of this act or where a

revocation of an adoption consent is opposed under section one hundred

fifteen-b of the domestic relations law or in any proceeding under

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 when a minor is sought to be placed in protective

custody under section one hundred fifty-eight of this act or in any

proceeding where a minor is detained under or governed by the interstate

compact for juveniles established pursuant to section five hundred one-e

of the executive law, the family court shall appoint an attorney to

represent a minor who is the subject of the proceeding or who is sought

to be placed in protective custody, if independent legal representation

is not available to such minor. In any proceeding to extend or continue

the placement of a juvenile delinquent or person in need of supervision

pursuant to section seven hundred fifty-six or 353.3 of this act or any

proceeding to extend or continue a commitment to the custody of the

commissioner of mental health or the commissioner of people with

developmental disabilities pursuant to section 322.2 of this act, the

court shall not permit the respondent to waive the right to be

represented by counsel chosen by the respondent, respondent's parent, or

other person legally responsible for the respondent's care, or by

assigned counsel. In any proceeding under article ten-B of this act, the

family court shall appoint an attorney to represent a youth, under the

age of twenty-one, who is the subject of the proceeding, if independent

legal representation is not available to such youth. In any other

proceeding in which the court has jurisdiction, the court may appoint an

attorney to represent the child, when, in the opinion of the family

court judge, such representation will serve the purposes of this act, if

independent legal counsel is not available to the child. The family

court on its own motion may make such appointment.

* NB Effective until September 1, 2030

* (a) In a proceeding under article three, seven, ten, ten-A or ten-C

of this act or where a revocation of an adoption consent is opposed

under section one hundred fifteen-b of the domestic relations law or in

any proceeding under 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 when a minor is sought to be placed in

protective custody under section one hundred fifty-eight of this act,

the family court shall appoint an attorney to represent a minor who is

the subject of the proceeding or who is sought to be placed in

protective custody, if independent legal representation is not available

to such minor. In any proceeding to extend or continue the placement of

a juvenile delinquent or person in need of supervision pursuant to

section seven hundred fifty-six or 353.3 of this act or any proceeding

to extend or continue a commitment to the custody of the commissioner of

mental health or the commissioner of the office for people with

developmental disabilities pursuant to section 322.2 of this act, the

court shall not permit the respondent to waive the right to be

represented by counsel chosen by the respondent, respondent's parent, or

other person legally responsible for the respondent's care, or by

assigned counsel. In any proceeding under article ten-B of this act, the

family court shall appoint an attorney to represent a youth, under the

age of twenty-one, who is the subject of the proceeding, if independent

legal representation is not available to such youth. In any other

proceeding in which the court has jurisdiction, the court may appoint an

attorney to represent the child, when, in the opinion of the family

court judge, such representation will serve the purposes of this act, if

independent legal counsel is not available to the child. The family

court on its own motion may make such appointment.

* NB Effective September 1, 2030

(b) In making an appointment of an attorney for a child pursuant to

this section, the court shall, to the extent practicable and

appropriate, appoint the same attorney who has previously represented

the child. Notwithstanding any other provision of law, in a proceeding

under article three of this act following an order of removal made

pursuant to article seven hundred twenty-five of the criminal procedure

law, the court shall, wherever practicable, appoint the same counsel who

represented the juvenile offender in the criminal proceedings.

(c) In any proceeding under subdivision eleven of section 355.5 of

this act, subdivision (j) of section seven hundred fifty-six-a of this

act, section one thousand fifteen-a of this act, subdivision (d) of

section one thousand eighty-eight of this act, clause (C-1) of

subparagraph (viii) of paragraph two of subdivision (d) of section one

thousand eighty-nine of this act, and/or paragraph (c) of subdivision

two-a of section three hundred fifty-eight-a of the social services law,

the court shall appoint an attorney to represent a youth who was

formerly in foster care and is seeking to enforce an order made on their

behalf before their twenty-first birthday while they were still in

foster care, if independent legal representation is not available to

such youth. Such representation shall continue for all further

proceedings thereon, including all motions and any related appeals.