S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8272
 
                        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 Unified Court
   System) -- read once and referred to the  Committee  on  Children  and
   Families
 
 AN  ACT  to amend the family court act, in relation to representation of
   adults and children in family court  proceedings;  and  to  amend  the
   social services law, in relation to access by attorneys for adults and
   children  to  records  of  the  statewide  registry of child abuse and
   maltreatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The part heading of part 6 of article 2 and section 261 of
 the  family  court act, as added by chapter 682 of the laws of 1975, are
 amended to read as follows:
                     COUNSEL FOR [INDIGENT] ADULTS IN
       FAMILY COURT PROCEEDINGS WHO ARE FINANCIALLY UNABLE TO OBTAIN
                                  COUNSEL
 
   § 261. Legislative findings and purpose. Persons involved  in  certain
 family  court  proceedings  may  face  the  infringements of fundamental
 interests and rights, including the loss of a child's  society  and  the
 possibility  of  criminal  charges,  and therefore have a constitutional
 right to counsel in such proceedings. Counsel is often indispensable  to
 a practical realization of due process of law and [may be helpful to] IN
 HELPING  the  court  [in making] TO MAKE reasoned determinations of fact
 and proper orders of disposition. The purpose of this part is to provide
 a means for implementing the right to  assigned  counsel  for  [indigent
 persons] ADULTS in proceedings under this act WHO ARE FINANCIALLY UNABLE
 TO OBTAIN COUNSEL.
   §  2.    The section heading and subdivision (c) of section 262 of the
 family court act, as added by chapter 682  of  the  laws  of  1975,  are
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08843-01-5
              

 A. 8272                             2
 
   Assignment  of  counsel  for  [indigent]  persons  WHO ARE FINANCIALLY
 UNABLE TO OBTAIN COUNSEL.
   (c) Implementation. (I) Any order for the assignment of counsel issued
 under  this  part shall be implemented as provided in article eighteen-B
 of the county law.
   (II) THE DETERMINATION OF WHETHER PERSONS ARE FINANCIALLY ELIGIBLE FOR
 ASSIGNMENT OF COUNSEL UNDER THIS PART SHALL BE MADE IN  ACCORDANCE  WITH
 RULES PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURTS.
   (III)  WHERE  REPRESENTATION IS PROVIDED TO AN ELIGIBLE ADULT PRIOR TO
 THE FILING OF A PETITION UNDER ARTICLE TEN OR TEN-A OF THIS ACT OR TO  A
 PARENT,  CARETAKER OR INTERESTED ADULT PRIOR TO THE FILING OF A PETITION
 UNDER ARTICLE TEN-C OF THIS ACT, SUCH REPRESENTATION SHALL  BE  ELIGIBLE
 FOR COMPENSATION UNDER PARAGRAPH (I) OF THIS SUBDIVISION.
   § 3. The family court act is amended by adding a new section 1016-a to
 read as follows:
   §  1016-A.    REPRESENTATION  FOR ADULTS SUBJECT TO A CHILD PROTECTIVE
 SERVICES INVESTIGATION AND/OR CHILD PROTECTIVE PROCEEDING.  (A) AN ADULT
 WHO IS THE SUBJECT OF A CHILD PROTECTIVE SERVICES INVESTIGATION HAS  THE
 RIGHT  TO  COUNSEL  PRIOR TO THE INITIATION OF ANY COURT PROCEEDING.  IF
 SUCH A PERSON APPEARS IN COURT WITHOUT COUNSEL AT THE  FIRST  APPEARANCE
 FOR  ANY  MATTER  UNDER  THIS  ARTICLE,  THE COURT, AT THE OUTSET OF THE
 PROCEEDING, SHALL INFORM THE PERSON OF THE RIGHT TO  BE  REPRESENTED  BY
 COUNSEL  OF  THEIR  OWN CHOOSING, OF THE RIGHT TO HAVE AN ADJOURNMENT TO
 CONFER WITH COUNSEL, AND OF THE RIGHT TO PUBLICLY FUNDED LEGAL REPRESEN-
 TATION IF THE PERSON IS FINANCIALLY  UNABLE  TO  OBTAIN  COUNSEL.    FOR
 PURPOSES OF THIS SECTION, SUCH PERSON SHALL BE REFERRED TO AS AN "ELIGI-
 BLE PERSON".
   (B)  WHENEVER  A  PERSON  HAS BEEN PROVIDED WITH PUBLICLY FUNDED LEGAL
 REPRESENTATION UNDER THIS ARTICLE, SUCH  REPRESENTATION  SHALL  CONTINUE
 DURING  (I)  THE  PERIOD  IN WHICH AN ORDER OF DISPOSITION ISSUED BY THE
 COURT PURSUANT TO SECTION ONE THOUSAND FIFTY-TWO OF THIS ARTICLE DIRECT-
 ING SUPERVISION OR PROTECTION OR SUSPENDING JUDGMENT, OR  ANY  EXTENSION
 THEREOF,  IS IN EFFECT; (II) AN ADJOURNMENT IN CONTEMPLATION OF DISMISS-
 AL, AS PROVIDED FOR IN SECTION ONE THOUSAND THIRTY-NINE OF THIS ARTICLE,
 OR ANY EXTENSION THEREOF; (III) A PERMANENCY HEARING PURSUANT TO  SUBDI-
 VISION  (B)  OF  SECTION  ONE  THOUSAND NINETY OF THIS ACT; AND (IV) THE
 PENDENCY OF A SUPPLEMENTAL OR RELATED PROCEEDING, INCLUDING  ANY  PERIOD
 OF CONTINUING JURISDICTION.
   (C)  ALL  NOTICES  AND REPORTS REQUIRED BY LAW AND ALL MOTIONS MADE BY
 ANY OTHER PARTY TO THE PROCEEDING OR THE ATTORNEY FOR THE CHILD SHALL BE
 SERVED UPON THE ATTORNEY FOR THE ELIGIBLE PERSON.
   (D) REPRESENTATION OF THE ELIGIBLE PERSON TERMINATES ONLY IF THE COURT
 RELIEVES THE ATTORNEY, OR A FINAL  ORDER  IS  ISSUED  AND  THE  ELIGIBLE
 PERSON IS INFORMED OF ANY EXISTING RIGHT TO APPEAL AND DECLINES TO EXER-
 CISE  ANY  EXISTING  RIGHT  TO  APPEAL AND WHERE NO FURTHER JURISDICTION
 CONTINUES UNDER SECTION ONE THOUSAND EIGHTY-EIGHT OF  THIS  ACT  OR  ANY
 OTHER PROVISION OF LAW.
   (E)  THE  ATTORNEY  FOR THE ELIGIBLE PERSON MAY BE RELIEVED AS COUNSEL
 UPON APPLICATION TO THE COURT FOR TERMINATION OF THE  APPOINTMENT.    IF
 THE APPLICATION IS APPROVED AND THE PERSON REMAINS ELIGIBLE FOR PUBLICLY
 FUNDED  COUNSEL,  THE  COURT  SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY
 PURSUANT TO SECTION TWO HUNDRED SIXTY-TWO OF THIS  ACT,  UPON  WHOM  ALL
 NOTICES  AND  REPORTS  REQUIRED BY LAW AND ALL MOTIONS MADE BY ANY OTHER
 PARTY TO THE PROCEEDING OR THE ATTORNEY FOR THE CHILD SHALL BE SERVED.
   (F) THE ATTORNEY FOR THE ELIGIBLE PERSON SHALL BE ENTITLED TO  COMPEN-
 SATION  PURSUANT  TO  APPLICABLE PROVISIONS OF LAW FOR SERVICES RENDERED
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 PRIOR TO AND SUBSEQUENT TO THE FILING OF A PETITION UNDER THIS  ARTICLE,
 INCLUDING  DISPOSITION  OF  THE  PETITION, AS WELL AS ALL PERMANENCY AND
 OTHER POST-DISPOSITIONAL, SUPPLEMENTAL AND  RELATED  PROCEEDINGS.    THE
 COURT MAY RECEIVE AND APPROVE PERIODIC REQUESTS BY ATTORNEYS FOR PAYMENT
 FOR ALL SUCH SERVICES PROVIDED.
   §  4.    Paragraph  1 of subdivision (a) of section 1094 of the family
 court act, as amended by chapter 3 of the laws of 2012,  is  amended  to
 read as follows:
   (1)  appoint  an  attorney  to  represent the child in accordance with
 section two hundred forty-nine of this act, and appoint an  attorney  to
 represent  a  parent,  caretaker  or interested adult in accordance with
 paragraph (ix) of subdivision (a) of section two  hundred  sixty-two  of
 this  act,  if [he or she] SUCH PARENT, CARETAKER OR INTERESTED ADULT is
 financially unable to obtain  counsel;  PROVIDED,  HOWEVER,  THAT  WHERE
 PUBLICLY FUNDED REPRESENTATION WAS PROVIDED PRIOR TO THE INITIAL APPEAR-
 ANCE,  INCLUDING ANY PERIOD PRIOR TO THE FILING OF A PETITION UNDER THIS
 ARTICLE, SUCH REPRESENTATION SHALL BE ELIGIBLE  FOR  COMPENSATION  UNDER
 SECTION TWO HUNDRED SIXTY-TWO OF THIS ACT;
   § 5. Subparagraph (t) of paragraph (A) of subdivision 4 of section 422
 of  the  social  services  law,  as amended by chapter 41 of the laws of
 2010, is amended to read as follows:
   (t) an attorney [for] REPRESENTING a child[, appointed pursuant to the
 provisions of section one thousand  sixteen  of]  OR  AN  ADULT  IN  ANY
 PROCEEDING  UNDER  the family court act, SOCIAL SERVICES LAW OR DOMESTIC
 RELATIONS LAW, OR AN ATTORNEY REPRESENTING AN ADULT WHO IS  THE  SUBJECT
 OF, OR IS ANOTHER PERSON NAMED IN THE REPORT, AS DEFINED IN SUBDIVISIONS
 FOUR  AND  FIVE,  RESPECTIVELY,  OF  SECTION FOUR HUNDRED TWELVE OF THIS
 TITLE, at any time such [appointment is in effect, in  relation  to  any
 report  in  which the respondent in the proceeding in which the attorney
 for a child has been appointed is the subject or another person named in
 the report, pursuant to sections  one  thousand  thirty-nine-a  and  one
 thousand  fifty-two-a  of the family court act] ATTORNEY PROVIDES REPRE-
 SENTATION; PROVIDED, HOWEVER, THAT A PROSPECTIVE ATTORNEY FOR A CHILD OR
 FOR AN ADULT WHO IS THE SUBJECT OF, OR IS ANOTHER PERSON NAMED  IN,  THE
 REPORT  MAY  HAVE  ACCESS  TO A REPORT MADE PURSUANT TO THIS TITLE WHERE
 NECESSARY TO ASCERTAIN WHETHER ANY CONFLICT OF  INTEREST  WOULD  PREVENT
 THEIR  REPRESENTATION;  TO ASSIST THE CHILD OR ADULT DURING THE INVESTI-
 GATION OF SUCH REPORT; AND  TO  PREPARE  FOR  INITIAL  PROCEEDINGS  THAT
 ACCOMPANY  THE  FILING  OF A PETITION UNDER THE FAMILY COURT ACT, SOCIAL
 SERVICES LAW OR DOMESTIC RELATIONS LAW;
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.