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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
1390--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT, TITUS, CHRISTENSEN -- Multi-Sponsored by
-- M. of A. ALFANO, AUBRY, BARRA, PHEFFER, REILLY, J. RIVERA, SWEE-
NEY, TITONE, TOWNS -- read once and referred to the Committee on Chil-
dren and Families -- 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 2 of part A of chapter 3 of the laws of 2005, is
3 amended to read as follows:
4 (a) In a proceeding under article three, seven, ten or ten-A of this
5 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,
14 the family court shall appoint a law guardian to represent a minor who
15 is the subject of the proceeding or who is sought to be placed in
16 protective custody, if independent legal representation is not available
17 to such minor. In any proceeding to extend or continue the placement of
18 a juvenile delinquent or person in need of supervision pursuant to
19 section seven hundred fifty-six or 353.3 of this act or any proceeding
20 to extend or continue a commitment to the custody of the commissioner of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00025-02-9
A. 1390--A 2
1 mental health or the commissioner of mental retardation and develop-
2 mental disabilities pursuant to section 322.2 of this act, the court
3 shall not permit the respondent to waive the right to be represented by
4 counsel chosen by the respondent, respondent's parent, or other person
5 legally responsible for the respondent's care, or by a law guardian. In
6 any other proceeding in which the court has jurisdiction, the court may
7 appoint a law guardian to represent the child, when, in the opinion of
8 the family court judge, such representation will serve the purposes of
9 this act, if independent legal counsel is not available to the child.
10 The family court on its own motion may make such appointment.
11 S 2. Section 112 of the domestic relations law is amended by adding a
12 new subdivision 9 to read as follows:
13 9. UPON THE FILING OF PETITION TO ADOPT FROM AN AUTHORIZED AGENCY WITH
14 RESPECT TO A CHILD FOR WHOM A LAW GUARDIAN HAD BEEN APPOINTED BY THE
15 FAMILY COURT IN A PROCEEDING PURSUANT TO ARTICLE TEN OF THE FAMILY COURT
16 ACT, OR PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED
17 EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, THE APPOINTMENT OF A LAW GUAR-
18 DIAN SHALL CONTINUE WITHOUT FURTHER ORDER OR APPOINTMENT, UNLESS ANOTHER
19 APPOINTMENT OF A LAW GUARDIAN HAS BEEN MADE BY THE COURT OR UNLESS THE
20 JUDGE WHO WILL BE FINALIZING THE ADOPTION HAS PERSONALLY PRESIDED OVER
21 THE LAST PROCEEDING INVOLVING THE CHILD; IN SUCH CIRCUMSTANCE THE
22 CONTINUATION OF REPRESENTATION BY THE LAW GUARDIAN IS DISCRETIONARY.
23 THE LAW GUARDIAN SHALL BE NOTIFIED WITHIN TEN DAYS OF THE FILING OF AN
24 ADOPTION PETITION AND WHETHER THE LAW GUARDIAN'S REPRESENTATION OF THE
25 CHILD WILL CONTINUE AT THE ADOPTION. THE LAW GUARDIAN MAY BE RELIEVED
26 OF HIS OR HER REPRESENTATION UPON APPLICATION TO THE COURT FOR TERMI-
27 NATION OF APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION, THE COURT
28 SHALL IMMEDIATELY APPOINT ANOTHER LAW GUARDIAN.
29 S 3. Subdivision 9 of section 112 of the domestic relations law, as
30 added by section two of this act, is amended to read as follows:
31 9. Upon the filing of petition to adopt from an authorized agency with
32 respect to a child for whom [a law guardian] AN ATTORNEY had been
33 appointed by the family court in a proceeding pursuant to article ten of
34 the family court act, or pursuant to section three hundred fifty-eight-a
35 or three hundred eighty-four-b of the social services law, the appoint-
36 ment of [a law guardian] AN ATTORNEY FOR THE CHILD shall continue with-
37 out further order or appointment, unless another appointment of a law
38 guardian has been made by the court or unless the judge who will be
39 finalizing the adoption has personally presided over the last proceeding
40 involving the child; in such circumstance the continuation of represen-
41 tation by the [law guardian] ATTORNEY FOR THE CHILD is discretionary.
42 The [law guardian] ATTORNEY FOR THE CHILD shall be notified within ten
43 days of the filing of an adoption petition and whether the [law guardi-
44 an's] ATTORNEY'S representation of the child will continue at the
45 adoption. The [law guardian] ATTORNEY FOR THE CHILD may be relieved of
46 his or her representation upon application to the court for termination
47 of appointment. Upon approval of such application, the court shall imme-
48 diately appoint another [law guardian] ATTORNEY FOR THE CHILD.
49 S 4. This act shall take effect April 1, 2010; provided, however, that
50 section three of this act shall only take effect if the legislature
51 enacts a chapter of the laws of 2009 amending the civil practice law and
52 rules and other laws relating to the representation of children, as
53 proposed in legislative bills numbers S.5461 and A.7805.
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