S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8361--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the family court act,  in  relation  to  the  timing  of
   proceedings;  to  amend  the  county  law  and  the  judiciary law, in
   relation to the compensation of assigned counsel;  and  to  amend  the
   civil  practice  law  and rules, in relation to authorizing a trial by
   jury in family court for trying matters of fact
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  family  court act is amended by adding a new section
 169-a to read as follows:
   §  169-A.  PROCEEDINGS;  TRANSCRIPT.  IN  ANY  PROCEEDING  OR  HEARING
 COMMENCED  PURSUANT TO THE SOCIAL SERVICES LAW IN WHICH THE FAMILY COURT
 HAS EXERCISED JURISDICTION OR PURSUANT TO THIS CHAPTER, ALL  TRANSCRIPTS
 OF  SUCH  PROCEEDINGS OR HEARINGS SHALL BE PROVIDED TO EACH PARTY TO THE
 CASE WITHIN FIVE DAYS OF SUCH PROCEEDING OR HEARING.
   § 2. Section 249-b of the family court act is amended by adding a  new
 subdivision (c) to read as follows:
   (C)  1.  ON  OR  BEFORE THE TENTH DAY OF THE MONTH NEXT SUCCEEDING THE
 MONTH IN WHICH ANY ACTIVITIES OR COMMUNICATIONS OCCURRED, ALL  ATTORNEYS
 FOR  CHILDREN  SHALL SUBMIT UN-REDACTED COPIES OF INVOICES SUBMITTED FOR
 PAY TO THE PARTIES OF THE RESPECTIVE CASES AND TO THE COURT. FAILURE  TO
 SUBMIT SUCH INVOICES SHALL RESULT IN NONPAYMENT OF SUCH INVOICES.
   2.  ATTORNEYS  FOR  CHILDREN  SHALL  MEET MONTHLY WITH BOTH PARENTS OR
 GUARDIANS AND SUBMIT A REPORT, INCLUDING, BUT NOT LIMITED TO EACH  MEET-
 ING,  THE  NON-CONFIDENTIAL, SUBSTANTIVE PORTION OF ANY MEETINGS AND ANY
 COMMUNICATIONS WITH THE PARTIES AND THE CHILD OR CHILDREN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13524-02-4
 A. 8361--A                          2
              

 
   3. THE ATTORNEY GENERAL SHALL ESTABLISH A PROCEDURE FOR ANY  PARTY  TO
 FILE A COMPLAINT FOR ANY VIOLATION BY AN ATTORNEY FOR CHILDREN.
   §  3.  Subdivisions  1  and  2  of section 722-b of the county law, as
 amended by section 1 of part GG of chapter 56 of the laws of  2023,  are
 amended to read as follows:
   1. All counsel assigned in accordance with a plan of a bar association
 conforming  to  the  requirements of section seven hundred twenty-two of
 this article whereby the services of private  counsel  are  rotated  and
 coordinated by an administrator shall at the conclusion of the represen-
 tation  receive  for representation of a person in all cases governed by
 this article,  including  all  representation  in  an  appellate  court,
 compensation  at  a  rate of [one] TWO hundred [fifty-eight] dollars per
 hour for time expended in court before a magistrate,  judge  or  justice
 and [one] TWO hundred [fifty-eight] dollars per hour for time reasonably
 expended  out  of  court,  and  shall receive reimbursement for expenses
 reasonably incurred.   COUNSELS SHALL PROVIDE  THE  PARTY  TO  WHOM  THE
 ATTORNEYS  REPRESENT,  WITH  A  COPY  OF  THEIR  ITEMIZED,  NONREDACTED,
 INVOICES ON A MONTHLY BASIS WITHIN TEN DAYS FOLLOWING THE MONTH IN WHICH
 SERVICES ARE INCURRED.
   2. Except as provided in subdivision three of  this  section,  compen-
 sation  for time expended in providing representation pursuant to subdi-
 vision one of this  section  shall  not  exceed  [ten]  TWENTY  thousand
 dollars.
   §  4.  Subdivision 3 of section 35 of the judiciary law, as amended by
 section 3 of part GG of chapter 56 of the laws of 2023,  is  amended  to
 read as follows:
   3.  a.  No  counsel  assigned  pursuant  to this section shall seek or
 accept any fee for representing  the  person  for  whom  he  or  she  is
 assigned  without  approval of the court as herein provided. Whenever it
 appears that such person is financially able to obtain counsel  or  make
 partial  payment for the representation, counsel may report this fact to
 the court and the  court  may  terminate  the  assignment  or  authorize
 payment, as the interests of justice may dictate, to such counsel. Coun-
 sel  assigned  hereunder  shall  at the conclusion of the representation
 receive compensation at  a  rate  of  [one]  TWO  hundred  [fifty-eight]
 dollars  per  hour  for  time  expended  in court, and [one] TWO hundred
 [fifty-eight] dollars per hour  for  time  reasonably  expended  out  of
 court, and shall receive reimbursement for expenses reasonably incurred.
   b.  For  representation upon a hearing, compensation and reimbursement
 shall be fixed by the court  wherein  the  hearing  was  held  and  such
 compensation  shall not exceed [ten] TWENTY thousand dollars. For repre-
 sentation in an appellate court, compensation and reimbursement shall be
 fixed by such court and such compensation shall not exceed [ten]  TWENTY
 thousand  dollars.  In extraordinary circumstances the court may provide
 for compensation in excess of the foregoing limits.
   § 5. The civil practice law and rules  is  amended  by  adding  a  new
 section 4101-a to read as follows:
   §  4101-A.  DETERMINATION OF FACTUAL ISSUE; FAMILY COURT. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, ANY PARTY  INVOLVED  IN  A  DISPUTE
 BEFORE  THE FAMILY COURT SHALL HAVE THE RIGHT TO REQUEST A TRIAL BY JURY
 FOR DETERMINATION OF ANY FACTUAL ISSUE. SUCH A RIGHT SHALL BE INVOKED IN
 ACCORDANCE WITH  PROCEDURES  ESTABLISHED  BY  THE  APPROPRIATE  JUDICIAL
 AUTHORITY,  BUT  IN  NO  EVENT  SHALL  A  PARTY  BE DENIED THIS RIGHT IF
 REQUESTED IN A TIMELY MANNER.
   2. THE SELECTION AND COMPOSITION OF THE JURY FOR  FAMILY  COURT  CASES
 SHALL BE CONSISTENT WITH THE PROCESSES PURSUANT TO THIS ARTICLE.
 A. 8361--A                          3
 
   3.  IN CASES WHERE A TRIAL BY JURY IS REQUESTED, THE JURY'S ROLE SHALL
 BE LIMITED TO MAKING FACTUAL DETERMINATIONS. LEGAL CONCLUSIONS, AND  THE
 APPLICATION  OF  THOSE  FACTS  TO THE RELEVANT LAWS AND STANDARDS, SHALL
 REMAIN WITHIN THE DISCRETION OF THE PRESIDING JUDGE.
   4.  THE PRESIDING JUDGE SHALL PROVIDE THE JURY WITH CLEAR INSTRUCTIONS
 CONCERNING THE FACTUAL ISSUES THEY ARE  TO  DECIDE,  ENSURING  THAT  ANY
 DETERMINATION  ALIGNS  WITH THE BEST INTERESTS OF ANY INVOLVED MINORS OR
 OTHER RELEVANT LEGAL STANDARDS.
   5. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH STAKEHOLD-
 ERS INCLUDING, BUT NOT  LIMITED  TO,  FAMILY  LAW  PRACTITIONERS,  CHILD
 WELFARE EXPERTS, AND OTHER RELEVANT PARTIES, SHALL DEVELOP AND IMPLEMENT
 GUIDELINES  AND  PROCEDURES FOR ENSURING THE RIGHT TO A TRIAL BY JURY IN
 FAMILY COURT PROCEEDINGS.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.