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A04060 Summary:

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A04060 Floor Votes:

A04060 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4060--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2013
                                       ___________
 
        Introduced  by M. of A. WRIGHT, TITUS, ROBINSON -- Multi-Sponsored by --
          M. of A.   AUBRY, PERRY, RIVERA, SWEENEY,  TITONE  --  read  once  and
          referred  to  the Committee on Children and Families -- recommitted to
          the Committee on Children and Families  in  accordance  with  Assembly
          Rule  3,  sec. 2 -- reported and referred to the Committee on Codes --

          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT to amend the family court act and the domestic relations law, in
          relation to the appointment of law guardians for certain children  who
          are freed for adoption
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (a) of section 249 of the family court act,  as
     2  amended  by  section  1  of chapter 3 of the laws of 2012, is amended to
     3  read as follows:
     4    (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
     5  this act or under article seven of the domestic relations law where  the
     6  adoption  is  from an authorized agency under circumstances specified in

     7  subdivision nine of section one hundred twelve of the domestic relations
     8  law, or where a revocation of  an  adoption  consent  is  opposed  under
     9  section  one  hundred  fifteen-b of the domestic relations law or in any
    10  proceeding under section  three  hundred  fifty-eight-a,  three  hundred
    11  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
    12  of  the  social  services  law or when a minor is sought to be placed in
    13  protective custody under section one hundred fifty-eight of this act  or
    14  in  any  proceeding  where  a minor is detained under or governed by the
    15  interstate compact for juveniles established pursuant  to  section  five
    16  hundred  one-e  of  the executive law, the family court shall appoint an
    17  attorney to represent a minor who is the subject of  the  proceeding  or
    18  who  is  sought to be placed in protective custody, if independent legal

    19  representation is not available to such  minor.  In  any  proceeding  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00788-02-4
        A. 4060--A                          2
 
     1  extend  or  continue the placement of a juvenile delinquent or person in
     2  need of supervision pursuant to section seven hundred fifty-six or 353.3
     3  of this act or any proceeding to extend or continue a commitment to  the
     4  custody  of  the  commissioner  of  mental health or the commissioner of
     5  people with developmental disabilities pursuant to section 322.2 of this
     6  act, the court shall not permit the respondent to waive the right to  be
     7  represented by counsel chosen by the respondent, respondent's parent, or

     8  other  person  legally  responsible  for  the  respondent's  care, or by
     9  assigned counsel. In any proceeding under article ten-B of this act, the
    10  family court shall appoint an attorney to represent a youth,  under  the
    11  age  of twenty-one, who is the subject of the proceeding, if independent
    12  legal representation is not  available  to  such  youth.  In  any  other
    13  proceeding in which the court has jurisdiction, the court may appoint an
    14  attorney  to  represent  the  child,  when, in the opinion of the family
    15  court judge, such representation will serve the purposes of this act, if
    16  independent legal counsel is not available  to  the  child.  The  family
    17  court on its own motion may make such appointment.
    18    §  2. Subdivision (a) of section 249 of the family court act, as sepa-
    19  rately amended by chapter 41 of the laws of 2010 and chapter  3  of  the

    20  laws of 2012, is amended to read as follows:
    21    (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
    22  this  act or under article seven of the domestic relations law where the
    23  adoption is from an authorized agency under circumstances  specified  in
    24  subdivision nine of section one hundred twelve of the domestic relations
    25  law,  or  where  a  revocation  of  an adoption consent is opposed under
    26  section one hundred fifteen-b of the domestic relations law  or  in  any
    27  proceeding  under  section  three  hundred  fifty-eight-a, three hundred
    28  eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
    29  of the social services law or when a minor is sought  to  be  placed  in
    30  protective  custody  under  section one hundred fifty-eight of this act,
    31  the family court shall appoint an attorney to represent a minor  who  is

    32  the  subject  of the proceeding or who is sought to be placed in protec-
    33  tive custody, if independent legal representation is  not  available  to
    34  such  minor.  In any proceeding to extend or continue the placement of a
    35  juvenile delinquent or person in need of supervision pursuant to section
    36  seven hundred fifty-six or 353.3 of this act or any proceeding to extend
    37  or continue a commitment to the custody of the  commissioner  of  mental
    38  health or the commissioner of mental retardation and developmental disa-
    39  bilities  pursuant  to  section  322.2  of this act, the court shall not
    40  permit the respondent to waive the right to be  represented  by  counsel
    41  chosen  by  the respondent, respondent's parent, or other person legally
    42  responsible for the respondent's care, or by assigned  counsel.  In  any
    43  proceeding  under  article  ten-B  of  this  act, the family court shall

    44  appoint an attorney to represent a youth, under the age  of  twenty-one,
    45  who  is  the  subject  of the proceeding, if independent legal represen-
    46  tation is not available to such youth. In any other proceeding in  which
    47  the  court has jurisdiction, the court may appoint an attorney to repre-
    48  sent the child, when, in the opinion of the  family  court  judge,  such
    49  representation will serve the purposes of this act, if independent legal
    50  counsel  is  not  available  to  the  child. The family court on its own
    51  motion may make such appointment.
    52    § 3. Section 112 of the domestic relations law is amended by adding  a
    53  new subdivision 9 to read as follows:
    54    9. Upon the filing of petition to adopt from an authorized agency with
    55  respect to a child for whom an attorney had been appointed by the family

    56  court  in  a proceeding pursuant to article ten of the family court act,
        A. 4060--A                          3
 
     1  or pursuant to section three  hundred  fifty-eight-a  or  three  hundred
     2  eighty-four-b of the social services law, the appointment of an attorney
     3  for  the  child  shall  continue  without  further order or appointment,
     4  unless another appointment of an attorney for the child has been made by
     5  the court.  The attorney for the child shall be notified within ten days
     6  of  the filing of an adoption petition and whether the attorney's repre-
     7  sentation of the child will continue at the adoption.  The attorney  for
     8  the  child may be relieved of his or her representation upon application

     9  to the court for termination  of  appointment.  Upon  approval  of  such
    10  application,  the  court  shall immediately appoint another attorney for
    11  the child.
    12    § 4. This act shall take effect  April  1,  2015;  provided  that  the
    13  amendments  to  subdivision  (a)  of section 249 of the family court act
    14  made by section one of this act shall be subject to the  expiration  and
    15  reversion of such subdivision pursuant to section 8 of chapter 29 of the
    16  laws  of 2011, as amended, when upon such date the provisions of section
    17  two of this act shall take effect.