N.Y. Family Court Act § 262: Assignment of counsel for indigent persons

§ 262. Assignment of counsel for indigent persons. (a) Each of the

persons described below in this subdivision has the right to the

assistance of counsel. When such person first appears in court, the

judge shall advise such person before proceeding that he or she has the

right to be represented by counsel of his or her own choosing, of the

right to have an adjournment to confer with counsel, and of the right to

have counsel assigned by the court in any case where he or she is

financially unable to obtain the same:

(i) the respondent in any proceeding under article ten or ten-A of

this act and the petitioner in any proceeding under part eight of

article ten of this act;

(ii) the petitioner and the respondent in any proceeding under article

eight of this act;

(iii) the respondent in any proceeding under part three of article six

of this act;

(iv) the parent or person legally responsible, foster parent, or other

person having physical or legal custody of the child in any proceeding

under article ten or ten-A of this act or section three hundred

fifty-eight-a, three hundred eighty-four or three hundred eighty-four-b

of the social services law, and a non-custodial parent or grandparent

served with notice pursuant to paragraph (e) of subdivision two of

section three hundred eighty-four-a of the social services law;

(v) the parent of any child seeking custody or contesting the

substantial infringement of his or her right to custody of such child,

in any proceeding before the court in which the court has jurisdiction

to determine such custody;

(vi) any person in any proceeding before the court in which an order

or other determination is being sought to hold such person in contempt

of the court or in willful violation of a previous order of the court,

except for a contempt which may be punished summarily under section

seven hundred fifty-five of the judiciary law;

(vii) the parent of a child in any adoption proceeding who opposes the

adoption of such child.

(viii) the respondent in any proceeding under article five of this act

in relation to the establishment of paternity.

(ix) in a proceeding under article ten-C of this act:

(1) a parent or caretaker as such terms are defined in section one

thousand ninety-two of this act;

(2) an interested adult as such term is defined in section one

thousand ninety-two of this act provided that:

(A) the child alleged to be destitute in the proceeding held pursuant

to article ten-C of this act was removed from the care of such

interested adult;

(B) the child alleged to be destitute in the proceeding held pursuant

to article ten-C of this act resides with the interested adult; or

(C) the child alleged to be destitute in the proceeding held pursuant

to article ten-C of this act resided with such interested adult

immediately prior to the filing of the petition under article ten-C of

this act;

(3) any interested adult as such term is defined in section one

thousand ninety-two of this act or any person made a party to the

article ten-C proceeding pursuant to subdivision (c) of section one

thousand ninety-four of this act for whom the court orders counsel

appointed pursuant to subdivision (d) of section one thousand

ninety-four of this act.

(b) Assignment of counsel in other cases. In addition to the cases

listed in subdivision (a) of this section, a judge may assign counsel to

represent any adult in a proceeding under this act if he determines that

such assignment of counsel is mandated by the constitution of the state

of New York or of the United States, and includes such determination in

the order assigning counsel;

(c) Implementation. Any order for the assignment of counsel issued

under this part shall be implemented as provided in article eighteen-B

of the county law.