N.Y. Family Court Act § 741: Notice of rights; general provision

§ 741. Notice of rights; general provision. (a) At the initial

appearance of a respondent in a proceeding and at the commencement of

any hearing under this article, the respondent and his or her parent or

other person legally responsible for his or her care shall be advised of

the respondent's right to remain silent and of the respondent's right to

be represented by counsel chosen by him or her or his or her parent or

other person legally responsible for his or her care, or by an attorney

assigned by the court under part four of article two. Provided, however,

that in the event of the failure of the respondent's parent or other

person legally responsible for his or her care to appear, after

reasonable and substantial effort has been made to notify such parent or

responsible person of the commencement of the proceeding and such

initial appearance, the court shall appoint an attorney for the

respondent and shall, unless inappropriate also appoint a guardian ad

litem for such respondent, and in such event, shall inform the

respondent of such rights in the presence of such attorney and any

guardian ad litem.

(b) The general public may be excluded from any hearing under this

article and only such persons and the representatives of authorized

agencies admitted thereto as have a direct interest in the case.

(c) At any hearing under this article, the court shall not be

prevented from proceeding by the absence of the respondent's parent or

other person responsible for his or her care if reasonable and

substantial effort has been made to notify such parent or responsible

person of the occurrence of the hearing and if the respondent and his or

her attorney are present. The court shall, unless inappropriate, also

appoint a guardian ad litem who shall be present at such hearing and any

subsequent hearing.