S T A T E O F N E W Y O R K
________________________________________________________________________
3789
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. WRIGHT, TITUS, ROBINSON -- Multi-Sponsored by --
M. of A. AUBRY, PERRY, RIVERA, TITONE -- 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 3 of the laws of 2012, is amended to read as follows:
(a) In a proceeding under article three, seven, ten, ten-A or ten-C 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 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05285-01-5
A. 3789 2
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.
S 2. Subdivision (a) of section 249 of the family court act, as sepa-
rately amended by chapter 41 of the laws of 2010 and chapter 3 of the
laws of 2012, is amended to read as follows:
(a) In a proceeding under article three, seven, ten, ten-A or ten-C 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 disa-
bilities 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 represen-
tation is not available to such youth. In any other proceeding in which
the court has jurisdiction, the court may appoint an attorney to repre-
sent 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 3. 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 AN ATTORNEY FOR THE CHILD HAS BEEN MADE BY
THE COURT. THE ATTORNEY FOR THE CHILD SHALL BE NOTIFIED WITHIN TEN DAYS
A. 3789 3
OF THE FILING OF AN ADOPTION PETITION AND WHETHER THE ATTORNEY'S REPRE-
SENTATION 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 ATTORNEY FOR
THE CHILD.
S 4. This act shall take effect April 1, 2017; provided that the
amendments to subdivision (a) of section 249 of the family court act
made by section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 8 of chapter 29 of the
laws of 2011, as amended, when upon such date the provisions of section
two of this act shall take effect.