N.Y. Family Court Act § 249-a: Waiver of counsel

* § 249-a. Waiver of counsel. A minor who is a subject of a juvenile

delinquency or person in need of supervision proceeding 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 shall be presumed to lack the requisite knowledge

and maturity to waive the appointment of an attorney. This presumption

may be rebutted only after an attorney has been appointed and the court

determines after a hearing at which the attorney appears and

participates and upon clear and convincing evidence that (a) the minor

understands the nature of the charges, the possible dispositional

alternatives and the possible defenses to the charges, (b) the minor

possesses the maturity, knowledge and intelligence necessary to conduct

his or her own defense, and (c) waiver is in the best interest of the

minor.

* NB Effective until September 1, 2030

* § 249-a. Waiver of counsel. A minor who is a subject of a juvenile

delinquency or person in need of supervision proceeding shall be

presumed to lack the requisite knowledge and maturity to waive the

appointment of an attorney. This presumption may be rebutted only after

an attorney has been appointed and the court determines after a hearing

at which the attorney appears and participates and upon clear and

convincing evidence that (a) the minor understands the nature of the

charges, the possible dispositional alternatives and the possible

defenses to the charges, (b) the minor possesses the maturity, knowledge

and intelligence necessary to conduct his or her own defense, and (c)

waiver is in the best interest of the minor.

* NB Effective September 1, 2030