Relates to the right to counsel in certain family court proceedings regarding violations of orders of child support and to establish paternity or parentage in the family court.
STATE OF NEW YORK
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9696
IN SENATE
May 21, 2024
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Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed 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:
1 Section 1. Subdivision (a) of section 249 of the family court act, as
2 amended by chapter 3 of the laws of 2012, is amended to read as follows:
3 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
4 this act or where a minor is a party in a proceeding in accordance with
5 articles four, five or five-B of this act or where a revocation of an
6 adoption consent is opposed under section one hundred fifteen-b of the
7 domestic relations law or in any proceeding under section three hundred
8 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four
9 or three hundred eighty-four-b of the social services law or when a
10 minor is sought to be placed in protective custody under section one
11 hundred fifty-eight of this act or in any proceeding where a minor is
12 detained under or governed by the interstate compact for juveniles
13 established pursuant to section five hundred one-e of the executive law,
14 the family court shall appoint an attorney to represent a minor who is
15 the subject of the proceeding or who is sought to be placed in protec-
16 tive custody, if independent legal representation is not available to
17 such minor. In any proceeding to extend or continue the placement of a
18 juvenile delinquent or person in need of supervision pursuant to section
19 seven hundred fifty-six or 353.3 of this act or any proceeding to extend
20 or continue a commitment to the custody of the commissioner of mental
21 health or the commissioner of people with developmental disabilities
22 pursuant to section 322.2 of this act, the court shall not permit the
23 respondent to waive the right to be represented by counsel chosen by the
24 respondent, respondent's parent, or other person legally responsible for
25 the respondent's care, or by assigned counsel. In any proceeding under
26 article ten-B of this act, the family court shall appoint an attorney to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14560-01-4
S. 9696 2
1 represent a youth, under the age of twenty-one, who is the subject of
2 the proceeding, if independent legal representation is not available to
3 such youth. In any other proceeding in which the court has jurisdiction,
4 the court may appoint an attorney to represent the child, when, in the
5 opinion of the family court judge, such representation will serve the
6 purposes of this act, if independent legal counsel is not available to
7 the child. The family court on its own motion may make such appointment.
8 § 2. Subdivision (a) of section 249 of the family court act, as
9 amended by chapter 672 of the laws of 2019, is amended to read as
10 follows:
11 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
12 this act or where a minor is a party in a proceeding in accordance with
13 articles four, five or five-B of this act or where a revocation of an
14 adoption consent is opposed under section one hundred fifteen-b of the
15 domestic relations law or in any proceeding under section three hundred
16 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four
17 or three hundred eighty-four-b of the social services law or when a
18 minor is sought to be placed in protective custody under section one
19 hundred fifty-eight of this act, the family court shall appoint an
20 attorney to represent a minor who is the subject of the proceeding or
21 who is sought to be placed in protective custody, if independent legal
22 representation is not available to such minor. In any proceeding to
23 extend or continue the placement of a juvenile delinquent or person in
24 need of supervision pursuant to section seven hundred fifty-six or 353.3
25 of this act or any proceeding to extend or continue a commitment to the
26 custody of the commissioner of mental health or the commissioner of the
27 office for people with developmental disabilities pursuant to section
28 322.2 of this act, the court shall not permit the respondent to waive
29 the right to be represented by counsel chosen by the respondent,
30 respondent's parent, or other person legally responsible for the
31 respondent's care, or by assigned counsel. In any proceeding under arti-
32 cle ten-B of this act, the family court shall appoint an attorney to
33 represent a youth, under the age of twenty-one, who is the subject of
34 the proceeding, if independent legal representation is not available to
35 such youth. In any other proceeding in which the court has jurisdiction,
36 the court may appoint an attorney to represent the child, when, in the
37 opinion of the family court judge, such representation will serve the
38 purposes of this act, if independent legal counsel is not available to
39 the child. The family court on its own motion may make such appointment.
40 § 3. Paragraphs (vi) and (viii) of subdivision (a) of section 262 of
41 the family court act, paragraph (vi) as added by chapter 682 of the laws
42 of 1975 and paragraph (viii) as added by chapter 456 of the laws of
43 1978, are amended to read as follows:
44 (vi) [any person] all parties in any proceeding before the court in
45 which an order or other determination is being sought to hold [such
46 person] a party or parties in contempt of the court or in willful
47 violation of a previous order of the court, except for a contempt which
48 may be punished summarily under section seven hundred fifty-five of the
49 judiciary law;
50 (viii) [the respondent] all parties in any proceeding to establish
51 paternity or parentage under article five, five-B, or five-C of this
52 act, and all noticed persons who intervene in proceedings under article
53 five-C of this act [in relation to the establishment of paternity].
54 § 4. Subdivisions (a) and (b) of section 453 of the family court act,
55 subdivision (a) as amended by chapter 343 of the laws of 2009 and subdi-
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1 vision (b) as added by chapter 456 of the laws of 1978, are amended to
2 read as follows:
3 (a) Persons who may originate and prosecute proceedings. The original
4 petitioner, the support collection unit on behalf of persons in receipt
5 of public assistance or in receipt of services pursuant to section one
6 hundred eleven-g of the social services law, or any person to whom the
7 order is payable expressly or who may originate proceedings under
8 section four hundred twenty-two of this article may originate and prose-
9 cute a proceeding under this part. If the proceeding is commenced by a
10 person to whom the order is payable or by any other person who may orig-
11 inate proceedings under section four hundred twenty-two of this article,
12 such person shall have a right to counsel under section two hundred
13 sixty-two of this act, including the right to appointed counsel if such
14 person is financially unable to obtain counsel, or, if such person is a
15 minor, a right to an attorney for the child under section two hundred
16 forty-nine of this act.
17 (b) Issuance of summons. Upon the filing of a petition under this
18 part, the court may cause a copy of the petition and a summons to be
19 issued, requiring the respondent to show cause why [he] the respondent
20 should not be dealt with in accordance with section four hundred fifty-
21 four of this part. The summons shall include on its face, printed or
22 typewritten in a size equal to at least eight point bold type, a notice,
23 warning the respondent that a failure to appear in court may result in
24 immediate arrest, and that, after an appearance in court, a finding that
25 the respondent willfully failed to obey the order may result in commit-
26 ment to jail for a term not to exceed six months, for contempt of court.
27 The notice shall also advise the respondent of the right to counsel, and
28 the right to assigned counsel under section two hundred sixty-two of
29 this act, if [indigent] financially unable to afford counsel or, if such
30 person is a minor, a right to appointment of an attorney for the child
31 under section two hundred forty-nine of this act.
32 § 5. Section 522 of the family court act, as amended by chapter 892 of
33 the laws of 1986, is amended to read as follows:
34 § 522. Persons who may originate proceedings. Proceedings to establish
35 the paternity of the child and to compel support under this article may
36 be commenced by the mother, whether a minor or not, by a person alleging
37 to be the father, whether a minor or not, by the child or child's guard-
38 ian or other person standing in a parental relation or being the next of
39 kin of the child, or by any authorized representative of an incorporated
40 society doing charitable or philanthropic work, or if the mother or
41 child is or is likely to become a public charge on a county, city or
42 town, by a public welfare official of the county, city or town where the
43 mother resides or the child is found. If a proceeding is originated by a
44 public welfare official and thereafter withdrawn or dismissed without
45 consideration on the merits, such withdrawal or dismissal shall be with-
46 out prejudice to other persons. If the proceeding is commenced by a
47 parent or alleged parent, such person shall have a right to counsel
48 under section two hundred sixty-two of this act, including the right to
49 appointed counsel if such person is financially unable to obtain coun-
50 sel. If such person is a minor, such person shall have a right to
51 appointment of an attorney for the child pursuant to section two hundred
52 forty-nine of this act.
53 § 6. Subdivision (b) of section 524 of the family court act, as
54 amended by chapter 398 of the laws of 1997, is amended to read as
55 follows:
S. 9696 4
1 (b) The summons shall contain or have attached thereto a notice stat-
2 ing: (i) that the respondent's failure to appear shall result in the
3 default entry of an order of filiation by the court upon proof of
4 respondent's actual notice of the commencement of the proceeding; and
5 (ii) that a respondent's failure to appear may result in the suspension
6 of [his or her] the respondent's driving privileges; state professional,
7 occupational and business licenses; and sporting licenses and permits;
8 and (iii) that the respondent has a right to counsel under section two
9 hundred sixty-two of this act, if financially unable to afford counsel
10 or, if such person is a minor, a right to appointment of an attorney for
11 the child under section two hundred forty-nine of this act.
12 § 7. This act shall take effect on the ninetieth day after it shall
13 have become a law; provided, however, that the amendments to subdivision
14 (a) of section 249 of the family court act made by section one of this
15 act shall be subject to the expiration and reversion of such subdivision
16 pursuant to section 8 of chapter 29 of the laws of 2011, as amended,
17 when upon such date the provisions of section two of this act shall take
18 effect.
