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This entry was published on 2014-09-22
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SECTION 403-A
Proceedings for the commitment of the guardianships and custody of infants; appointment of guardians ad litem 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 4
§ 403-a. Proceedings for the commitment of the guardianships and custody

of infants; appointment of guardians ad litem

1. The court shall appoint a guardian ad litem to represent an infant
in a proceeding for the commitment of the guardianship and custody of
such infant brought pursuant to section three hundred eighty-four-b of
the social services law or in a proceeding where a revocation of an
adoption consent is opposed under section one hundred fifteen-b of the
domestic relations law.

2. As used in this section, "guardian ad litem" refers to an attorney
admitted to practice law in the state of New York and designated under
this section to represent infants in proceedings for the commitment of
the guardianship and custody of such infant brought pursuant to section
three hundred eighty-four-b of the social services law.

3. (a) The office of court administration may enter into an agreement
with a legal aid society for the society to provide guardians ad litem
for the surrogate's court in proceedings brought pursuant to section
three hundred eighty-four-b of the social services law in a county
having a legal aid society.

(b) The appellate division of the supreme court for the judicial
department in which a county is located may enter into an agreement,
subject to regulations as may be promulgated by the administrative board
of the judicial conference, with any qualified attorney or attorneys to
serve as guardian ad litem for the surrogate's court in that county in
proceedings brought pursuant to section three hundred eighty-four-b of
the social services law.

(c) The appellate division of the supreme court for the judicial
department in which a county is located may designate a panel of
guardians ad litem for the surrogate's court in that county in
proceedings brought pursuant to section three hundred eighty-four-b of
the social services law, subject to the approval of the administrative
board of the judicial conference. For this purpose, it may invite a bar
association to recommend qualified persons for consideration by such
appellate division in making its designation, subject to standards as
may be promulgated by such administrative board.

4. (a) An agreement pursuant to paragraph (a) of subdivision three of
this section may be terminated by the office of court administration by
serving a notice on the society sixty days prior to the effective date
of the termination.

(b) No designations pursuant to paragraph (c) of subdivision three of
this section may be for a term of more than one year, but successive
designations may be made. The appellate division proceeding pursuant to
such paragraph (c) may at any time increase or decrease the number of
guardians ad litem designated in any county and may rescind any
designation at any time, subject to the approval of the office of court
administration.

5. (a) If the office of court administration proceeds pursuant to
paragraph (a) of subdivision three of this section, the agreement shall
provide that the society shall be reimbursed on a cost basis for
services rendered under the agreement. The agreement shall contain a
general plan for the organization and operation of the providing of
guardians ad litem by the respective legal aid society, approved by the
administrative board, and the office of court administration may require
such reports as it deems necessary from the society.

(b) If an appellate division proceeds pursuant to paragraph (b) or (c)
of subdivision three of this section, guardians ad litem shall be
compensated and allowed expenses and disbursements in the same amounts
established by section seven hundred twenty-two-b of the county law.

6. The administrative board of the judicial conference may prescribe
standards for the exercise of the powers granted to the appellate
divisions under this section and may require such reports as it deems
desirable.

7. The cost of guardians ad litem under this section shall be payable
by the state of New York within the amounts appropriated therefor.

8. Upon an appeal in a proceeding brought pursuant to section three
hundred eighty-four-b of the social services law, the court to which
such appeal is taken, or is to be taken, shall appoint a guardian ad
litem to represent the infant, in accordance with the provisions of this
section.