senate Bill S5434

2019-2020 Legislative Session

Relates to the right to assistance of counsel for custody and guardianship proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.


view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary
May 01, 2019 referred to judiciary

S5434 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §§262 & 1094, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S6074, A2581

S5434 (ACTIVE) - Summary

Relates to expanding the right to assistance of counsel to include respondents in guardianship proceedings and kinship caregivers in custody and guardianship proceedings.

S5434 (ACTIVE) - Sponsor Memo

S5434 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               May 1, 2019

Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the family court act, in relation to expanding the right
  to assistance of counsel to include petitioner kinship  caregivers  in
  custody  and  guardianship proceedings and respondents in guardianship


  Section  1. Subdivision (a) of section 262 of the family court act, as
added by chapter 682 of the laws  of  1975,  the  opening  paragraph  as
amended  by  section 3 of part A of chapter 3 of the laws of 2005, para-
graphs (i) and (iv) as amended and paragraph (ix) as added by chapter  3
of  the  laws  of  2012, paragraph (ii) as amended by chapter 693 of the
laws of 1981, paragraph (iii) as amended by chapter 666 of the  laws  of
1976,  and paragraph (viii) as added by chapter 456 of the laws of 1978,
is amended to read as follows:
  (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 choos-
ing, 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 arti-
cle 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  OR  FOUR  of
article six of this act;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.