S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8271
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2025
                                ___________
 
 Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the family court act, in relation to the right to  coun-
   sel in proceedings regarding violations of orders of child support and
   to establish paternity or parentage in the family court
 
   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 where a MINOR IS A PARTY IN A PROCEEDING IN ACCORDANCE  WITH
 ARTICLES  FOUR,  FIVE  OR FIVE-B OF THIS ACT 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  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  people  with  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 chosen by the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08852-01-5
              

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 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.
   § 2. Subdivision (a) of section  249  of  the  family  court  act,  as
 amended  by  chapter  672  of  the  laws  of 2019, is amended to read as
 follows:
   (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
 this act or where a MINOR IS A PARTY IN A PROCEEDING IN ACCORDANCE  WITH
 ARTICLES  FOUR,  FIVE  OR FIVE-B OF THIS ACT 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 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 the
 office for people with 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  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 arti-
 cle 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.
   § 3. Paragraphs (vi) and (viii) of subdivision (a) of section  262  of
 the family court act, paragraph (vi) as added by chapter 682 of the laws
 of  1975  and  paragraph  (viii)  as added by chapter 456 of the laws of
 1978, are amended to read as follows:
   (vi) [any person] ALL PARTIES in any proceeding before  the  court  in
 which  an  order  or  other  determination is being sought to hold [such
 person] A PARTY OR PARTIES in  contempt  of  the  court  or  in  willful
 violation  of a previous order of the court, except for a contempt which
 may be punished summarily under section seven hundred fifty-five of  the
 judiciary law;
   (viii)  [the  respondent]  ALL  PARTIES in any proceeding TO ESTABLISH
 PATERNITY OR PARENTAGE under article five, FIVE-B,  OR  FIVE-C  OF  THIS
 ACT,  AND ALL NOTICED PERSONS WHO INTERVENE IN PROCEEDINGS UNDER ARTICLE
 FIVE-C of this act [in relation to the establishment of paternity].
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   § 4. Subdivisions (a) and (b) of section 453 of the family court  act,
 subdivision (a) as amended by chapter 343 of the laws of 2009 and subdi-
 vision  (b)  as added by chapter 456 of the laws of 1978, are amended to
 read as follows:
   (a)  Persons who may originate and prosecute proceedings. The original
 petitioner, the support collection unit on behalf of persons in  receipt
 of  public  assistance or in receipt of services pursuant to section one
 hundred eleven-g of the social services law, or any person to  whom  the
 order  is  payable  expressly  or  who  may  originate proceedings under
 section four hundred twenty-two of this article may originate and prose-
 cute a proceeding under this part. IF THE PROCEEDING IS COMMENCED  BY  A
 PERSON TO WHOM THE ORDER IS PAYABLE OR BY ANY OTHER PERSON WHO MAY ORIG-
 INATE PROCEEDINGS UNDER SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE,
 SUCH  PERSON  SHALL  HAVE  A  RIGHT TO COUNSEL UNDER SECTION TWO HUNDRED
 SIXTY-TWO OF THIS ACT, INCLUDING THE RIGHT TO APPOINTED COUNSEL IF  SUCH
 PERSON  IS FINANCIALLY UNABLE TO OBTAIN COUNSEL, OR, IF SUCH PERSON IS A
 MINOR, A RIGHT TO AN ATTORNEY FOR THE CHILD UNDER  SECTION  TWO  HUNDRED
 FORTY-NINE OF THIS ACT.
   (b)  Issuance  of  summons.  Upon  the filing of a petition under this
 part, the court may cause a copy of the petition and  a  summons  to  be
 issued,  requiring  the respondent to show cause why [he] THE RESPONDENT
 should not be dealt with in accordance with section four hundred  fifty-
 four  of  this  part.  The summons shall include on its face, printed or
 typewritten in a size equal to at least eight point bold type, a notice,
 warning the respondent that a failure to appear in court may  result  in
 immediate arrest, and that, after an appearance in court, a finding that
 the  respondent willfully failed to obey the order may result in commit-
 ment to jail for a term not to exceed six months, for contempt of court.
 The notice shall also advise the respondent of the right to counsel, and
 the right to assigned counsel UNDER SECTION  TWO  HUNDRED  SIXTY-TWO  OF
 THIS ACT, if [indigent] FINANCIALLY UNABLE TO AFFORD COUNSEL OR, IF SUCH
 PERSON  IS  A MINOR, A RIGHT TO APPOINTMENT OF AN ATTORNEY FOR THE CHILD
 UNDER SECTION TWO HUNDRED FORTY-NINE OF THIS ACT.
   § 5. Section 522 of the family court act, as amended by chapter 892 of
 the laws of 1986, is amended to read as follows:
   § 522. Persons who may originate proceedings. Proceedings to establish
 the paternity of the child and to compel support under this article  may
 be commenced by the mother, whether a minor or not, by a person alleging
 to be the father, whether a minor or not, by the child or child's guard-
 ian or other person standing in a parental relation or being the next of
 kin of the child, or by any authorized representative of an incorporated
 society  doing  charitable  or  philanthropic  work, or if the mother or
 child is or is likely to become a public charge on  a  county,  city  or
 town, by a public welfare official of the county, city or town where the
 mother resides or the child is found. If a proceeding is originated by a
 public  welfare  official  and thereafter withdrawn or dismissed without
 consideration on the merits, such withdrawal or dismissal shall be with-
 out prejudice to other persons.   IF THE PROCEEDING IS  COMMENCED  BY  A
 PARENT  OR  ALLEGED  PARENT,  SUCH  PERSON SHALL HAVE A RIGHT TO COUNSEL
 UNDER SECTION TWO HUNDRED SIXTY-TWO OF THIS ACT, INCLUDING THE RIGHT  TO
 APPOINTED  COUNSEL  IF SUCH PERSON IS FINANCIALLY UNABLE TO OBTAIN COUN-
 SEL.  IF SUCH PERSON IS A MINOR, SUCH  PERSON  SHALL  HAVE  A  RIGHT  TO
 APPOINTMENT OF AN ATTORNEY FOR THE CHILD PURSUANT TO SECTION TWO HUNDRED
 FORTY-NINE OF THIS ACT.
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   §  6.  Subdivision  (b)  of  section  524  of the family court act, as
 amended by chapter 398 of the laws  of  1997,  is  amended  to  read  as
 follows:
   (b)  The summons shall contain or have attached thereto a notice stat-
 ing:  (i)  that  the  respondent's failure to appear shall result in the
 default entry of an order of  filiation  by  the  court  upon  proof  of
 respondent's  actual  notice  of the commencement of the proceeding; and
 (ii) that a respondent's failure to appear may result in the  suspension
 of [his or her] THE RESPONDENT'S driving privileges; state professional,
 occupational  and  business licenses; and sporting licenses and permits;
 AND (III) THAT THE RESPONDENT HAS A RIGHT TO COUNSEL UNDER  SECTION  TWO
 HUNDRED  SIXTY-TWO  OF THIS ACT, IF FINANCIALLY UNABLE TO AFFORD COUNSEL
 OR, IF SUCH PERSON IS A MINOR, A RIGHT TO APPOINTMENT OF AN ATTORNEY FOR
 THE CHILD UNDER SECTION TWO HUNDRED FORTY-NINE OF THIS ACT.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, 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.