S T A T E O F N E W Y O R K
________________________________________________________________________
4842
2011-2012 Regular Sessions
I N A S S E M B L Y
February 8, 2011
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Introduced by M. of A. WRIGHT, TITUS -- Multi-Sponsored by -- M. of A.
AUBRY, PHEFFER, REILLY, J. RIVERA, SWEENEY, TITONE, TOWNS -- read once
and referred to the Committee on Children and Families
AN ACT to amend the family court act and the domestic relations law, in
relation to the appointment of law guardians for certain children who
are freed for adoption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 249 of the family court act, as
amended by chapter 41 of the laws of 2010, is amended to read as
follows:
(a) In a proceeding under article three, seven, ten or ten-A of this
act OR UNDER ARTICLE SEVEN OF THE DOMESTIC RELATIONS LAW WHERE THE
ADOPTION IS FROM AN AUTHORIZED AGENCY UNDER CIRCUMSTANCES SPECIFIED IN
SUBDIVISION NINE OF SECTION ONE HUNDRED TWELVE OF THE DOMESTIC RELATIONS
LAW, 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 protec-
tive 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 [mental retardation and] 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08096-01-1
A. 4842 2
chosen by the respondent, respondent's parent, or other person legally
responsible for the respondent's care, or by assigned counsel. 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.
S 2. Section 112 of the domestic relations law is amended by adding a
new subdivision 9 to read as follows:
9. UPON THE FILING OF PETITION TO ADOPT FROM AN AUTHORIZED AGENCY WITH
RESPECT TO A CHILD FOR WHOM AN ATTORNEY HAD BEEN APPOINTED BY THE FAMILY
COURT IN A PROCEEDING PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT,
OR PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED
EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, THE APPOINTMENT OF AN ATTORNEY
FOR THE CHILD SHALL CONTINUE WITHOUT FURTHER ORDER OR APPOINTMENT,
UNLESS ANOTHER APPOINTMENT OF A LAW GUARDIAN HAS BEEN MADE BY THE COURT
OR UNLESS THE JUDGE WHO WILL BE FINALIZING THE ADOPTION HAS PERSONALLY
PRESIDED OVER THE LAST PROCEEDING INVOLVING THE CHILD; IN SUCH CIRCUM-
STANCE THE CONTINUATION OF REPRESENTATION BY THE ATTORNEY FOR THE CHILD
IS DISCRETIONARY. THE ATTORNEY FOR THE CHILD SHALL BE NOTIFIED WITHIN
TEN DAYS OF THE FILING OF AN ADOPTION PETITION AND WHETHER THE ATTOR-
NEY'S REPRESENTATION OF THE CHILD WILL CONTINUE AT THE ADOPTION. THE
ATTORNEY FOR THE CHILD MAY BE RELIEVED OF HIS OR HER REPRESENTATION UPON
APPLICATION TO THE COURT FOR TERMINATION OF APPOINTMENT. UPON APPROVAL
OF SUCH APPLICATION, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTOR-
NEY FOR THE CHILD.
S 3. This act shall take effect April 1, 2012.