S08197 Summary:
| BILL NO | S08197 |
| SAME AS | SAME AS A08271 |
| SPONSOR | BRISPORT |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§249, 262, 453, 522 & 524, Fam Ct Act | |
| 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. | |
S08197 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8197 2025-2026 Regular Sessions IN SENATE May 20, 2025 ___________ Introduced by Sen. BRISPORT -- (at request of the Unified Court System) -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08852-01-5S. 8197 2 1 respondent, respondent's parent, or other person legally responsible for 2 the respondent's care, or by assigned counsel. In any proceeding under 3 article ten-B of this act, the family court shall appoint an attorney to 4 represent a youth, under the age of twenty-one, who is the subject of 5 the proceeding, if independent legal representation is not available to 6 such youth. In any other proceeding in which the court has jurisdiction, 7 the court may appoint an attorney to represent the child, when, in the 8 opinion of the family court judge, such representation will serve the 9 purposes of this act, if independent legal counsel is not available to 10 the child. The family court on its own motion may make such appointment. 11 § 2. Subdivision (a) of section 249 of the family court act, as 12 amended by chapter 672 of the laws of 2019, is amended to read as 13 follows: 14 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 15 this act or where a minor is a party in a proceeding in accordance with 16 articles four, five or five-B of this act or where a revocation of an 17 adoption consent is opposed under section one hundred fifteen-b of the 18 domestic relations law or in any proceeding under section three hundred 19 fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four 20 or three hundred eighty-four-b of the social services law or when a 21 minor is sought to be placed in protective custody under section one 22 hundred fifty-eight of this act, the family court shall appoint an 23 attorney to represent a minor who is the subject of the proceeding or 24 who is sought to be placed in protective custody, if independent legal 25 representation is not available to such minor. In any proceeding to 26 extend or continue the placement of a juvenile delinquent or person in 27 need of supervision pursuant to section seven hundred fifty-six or 353.3 28 of this act or any proceeding to extend or continue a commitment to the 29 custody of the commissioner of mental health or the commissioner of the 30 office for people with developmental disabilities pursuant to section 31 322.2 of this act, the court shall not permit the respondent to waive 32 the right to be represented by counsel chosen by the respondent, 33 respondent's parent, or other person legally responsible for the 34 respondent's care, or by assigned counsel. In any proceeding under arti- 35 cle ten-B of this act, the family court shall appoint an attorney to 36 represent a youth, under the age of twenty-one, who is the subject of 37 the proceeding, if independent legal representation is not available to 38 such youth. In any other proceeding in which the court has jurisdiction, 39 the court may appoint an attorney to represent the child, when, in the 40 opinion of the family court judge, such representation will serve the 41 purposes of this act, if independent legal counsel is not available to 42 the child. The family court on its own motion may make such appointment. 43 § 3. Paragraphs (vi) and (viii) of subdivision (a) of section 262 of 44 the family court act, paragraph (vi) as added by chapter 682 of the laws 45 of 1975 and paragraph (viii) as added by chapter 456 of the laws of 46 1978, are amended to read as follows: 47 (vi) [any person] all parties in any proceeding before the court in 48 which an order or other determination is being sought to hold [such49person] a party or parties in contempt of the court or in willful 50 violation of a previous order of the court, except for a contempt which 51 may be punished summarily under section seven hundred fifty-five of the 52 judiciary law; 53 (viii) [the respondent] all parties in any proceeding to establish 54 paternity or parentage under article five, five-B, or five-C of this 55 act, and all noticed persons who intervene in proceedings under article 56 five-C of this act [in relation to the establishment of paternity].S. 8197 3 1 § 4. Subdivisions (a) and (b) of section 453 of the family court act, 2 subdivision (a) as amended by chapter 343 of the laws of 2009 and subdi- 3 vision (b) as added by chapter 456 of the laws of 1978, are amended to 4 read as follows: 5 (a) Persons who may originate and prosecute proceedings. The original 6 petitioner, the support collection unit on behalf of persons in receipt 7 of public assistance or in receipt of services pursuant to section one 8 hundred eleven-g of the social services law, or any person to whom the 9 order is payable expressly or who may originate proceedings under 10 section four hundred twenty-two of this article may originate and prose- 11 cute a proceeding under this part. If the proceeding is commenced by a 12 person to whom the order is payable or by any other person who may orig- 13 inate proceedings under section four hundred twenty-two of this article, 14 such person shall have a right to counsel under section two hundred 15 sixty-two of this act, including the right to appointed counsel if such 16 person is financially unable to obtain counsel, or, if such person is a 17 minor, a right to an attorney for the child under section two hundred 18 forty-nine of this act. 19 (b) Issuance of summons. Upon the filing of a petition under this 20 part, the court may cause a copy of the petition and a summons to be 21 issued, requiring the respondent to show cause why [he] the respondent 22 should not be dealt with in accordance with section four hundred fifty- 23 four of this part. The summons shall include on its face, printed or 24 typewritten in a size equal to at least eight point bold type, a notice, 25 warning the respondent that a failure to appear in court may result in 26 immediate arrest, and that, after an appearance in court, a finding that 27 the respondent willfully failed to obey the order may result in commit- 28 ment to jail for a term not to exceed six months, for contempt of court. 29 The notice shall also advise the respondent of the right to counsel, and 30 the right to assigned counsel under section two hundred sixty-two of 31 this act, if [indigent] financially unable to afford counsel or, if such 32 person is a minor, a right to appointment of an attorney for the child 33 under section two hundred forty-nine of this act. 34 § 5. Section 522 of the family court act, as amended by chapter 892 of 35 the laws of 1986, is amended to read as follows: 36 § 522. Persons who may originate proceedings. Proceedings to establish 37 the paternity of the child and to compel support under this article may 38 be commenced by the mother, whether a minor or not, by a person alleging 39 to be the father, whether a minor or not, by the child or child's guard- 40 ian or other person standing in a parental relation or being the next of 41 kin of the child, or by any authorized representative of an incorporated 42 society doing charitable or philanthropic work, or if the mother or 43 child is or is likely to become a public charge on a county, city or 44 town, by a public welfare official of the county, city or town where the 45 mother resides or the child is found. If a proceeding is originated by a 46 public welfare official and thereafter withdrawn or dismissed without 47 consideration on the merits, such withdrawal or dismissal shall be with- 48 out prejudice to other persons. If the proceeding is commenced by a 49 parent or alleged parent, such person shall have a right to counsel 50 under section two hundred sixty-two of this act, including the right to 51 appointed counsel if such person is financially unable to obtain coun- 52 sel. If such person is a minor, such person shall have a right to 53 appointment of an attorney for the child pursuant to section two hundred 54 forty-nine of this act.S. 8197 4 1 § 6. Subdivision (b) of section 524 of the family court act, as 2 amended by chapter 398 of the laws of 1997, is amended to read as 3 follows: 4 (b) The summons shall contain or have attached thereto a notice stat- 5 ing: (i) that the respondent's failure to appear shall result in the 6 default entry of an order of filiation by the court upon proof of 7 respondent's actual notice of the commencement of the proceeding; and 8 (ii) that a respondent's failure to appear may result in the suspension 9 of [his or her] the respondent's driving privileges; state professional, 10 occupational and business licenses; and sporting licenses and permits; 11 and (iii) that the respondent has a right to counsel under section two 12 hundred sixty-two of this act, if financially unable to afford counsel 13 or, if such person is a minor, a right to appointment of an attorney for 14 the child under section two hundred forty-nine of this act. 15 § 7. This act shall take effect on the ninetieth day after it shall 16 have become a law; provided, however, that the amendments to subdivision 17 (a) of section 249 of the family court act made by section one of this 18 act shall be subject to the expiration and reversion of such subdivision 19 pursuant to section 8 of chapter 29 of the laws of 2011, as amended, 20 when upon such date the provisions of section two of this act shall take 21 effect.