S T A T E   O F   N E W   Y O R K
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                                  3789

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. WRIGHT, TITUS, ROBINSON -- Multi-Sponsored by --
  M. of A. AUBRY, PERRY, RIVERA, TITONE -- read once and referred to the
  Committee on Children and Families

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:

  Section  1. Subdivision (a) of section 249 of the family court act, as
amended by chapter 3 of the laws of 2012, is amended to read as follows:
  (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
this act OR UNDER ARTICLE SEVEN OF THE DOMESTIC RELATIONS LAW WHERE  THE
ADOPTION  IS  FROM AN AUTHORIZED AGENCY UNDER CIRCUMSTANCES SPECIFIED IN
SUBDIVISION NINE OF SECTION ONE HUNDRED TWELVE OF THE DOMESTIC RELATIONS
LAW, or where a revocation of  an  adoption  consent  is  opposed  under
section  one  hundred  fifteen-b of the domestic relations law or in any
proceeding under section  three  hundred  fifty-eight-a,  three  hundred
eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
of  the  social  services  law or when a minor is sought to be placed in
protective custody under section one hundred fifty-eight of this act  or
in  any  proceeding  where  a minor is detained under or governed by the
interstate compact for juveniles established pursuant  to  section  five
hundred  one-e  of  the executive law, the family court shall appoint an
attorney to represent a minor who is the subject of  the  proceeding  or
who  is  sought to be placed in protective custody, if independent legal
representation is not available to such  minor.  In  any  proceeding  to
extend  or  continue the placement of a juvenile delinquent or person in
need of supervision pursuant to section seven hundred fifty-six or 353.3
of this act or any proceeding to extend or continue a commitment to  the
custody  of  the  commissioner  of  mental health or the commissioner of
people with developmental disabilities pursuant to section 322.2 of this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05285-01-5
              

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act, the court shall not permit the respondent to waive the right to  be
represented by counsel chosen by the respondent, respondent's parent, or
other  person  legally  responsible  for  the  respondent's  care, or by
assigned counsel. In any proceeding under article ten-B of this act, the
family  court  shall appoint an attorney to represent a youth, under the
age of twenty-one, who is the subject of the proceeding, if  independent
legal  representation  is  not  available  to  such  youth. In any other
proceeding in which the court has jurisdiction, the court may appoint an
attorney to represent the child, when, in  the  opinion  of  the  family
court judge, such representation will serve the purposes of this act, if
independent  legal  counsel  is  not  available to the child. The family
court on its own motion may make such appointment.
  S 2. Subdivision (a) of section 249 of the family court act, as  sepa-
rately  amended  by  chapter 41 of the laws of 2010 and chapter 3 of the
laws of 2012, is amended to read as follows:
  (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
this act OR UNDER ARTICLE SEVEN OF THE DOMESTIC RELATIONS LAW WHERE  THE
ADOPTION  IS  FROM AN AUTHORIZED AGENCY UNDER CIRCUMSTANCES SPECIFIED IN
SUBDIVISION NINE OF SECTION ONE HUNDRED TWELVE OF THE DOMESTIC RELATIONS
LAW, or where a revocation of  an  adoption  consent  is  opposed  under
section  one  hundred  fifteen-b of the domestic relations law or in any
proceeding under section  three  hundred  fifty-eight-a,  three  hundred
eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
of  the  social  services  law or when a minor is sought to be placed in
protective custody under section one hundred fifty-eight  of  this  act,
the  family  court shall appoint an attorney to represent a minor who is
the subject of the proceeding or who is sought to be placed  in  protec-
tive  custody,  if  independent legal representation is not available to
such minor. In any proceeding to extend or continue the placement  of  a
juvenile delinquent or person in need of supervision pursuant to section
seven hundred fifty-six or 353.3 of this act or any proceeding to extend
or  continue  a  commitment to the custody of the commissioner of mental
health or the commissioner of mental retardation and developmental disa-
bilities pursuant to section 322.2 of this  act,  the  court  shall  not
permit  the  respondent  to waive the right to be represented by counsel
chosen by the respondent, respondent's parent, or other  person  legally
responsible  for  the  respondent's care, or by assigned counsel. In any
proceeding under article ten-B of  this  act,  the  family  court  shall
appoint  an  attorney to represent a youth, under the age of twenty-one,
who is the subject of the proceeding,  if  independent  legal  represen-
tation  is not available to such youth. In any other proceeding in which
the court has jurisdiction, the court may appoint an attorney to  repre-
sent  the  child,  when,  in the opinion of the family court judge, such
representation will serve the purposes of this act, if independent legal
counsel is not available to the child.  The  family  court  on  its  own
motion may make such appointment.
  S  3. Section 112 of the domestic relations law is amended by adding a
new subdivision 9 to read as follows:
  9. UPON THE FILING OF PETITION TO ADOPT FROM AN AUTHORIZED AGENCY WITH
RESPECT TO A CHILD FOR WHOM AN ATTORNEY HAD BEEN APPOINTED BY THE FAMILY
COURT IN A PROCEEDING PURSUANT TO ARTICLE TEN OF THE FAMILY  COURT  ACT,
OR  PURSUANT  TO  SECTION  THREE  HUNDRED FIFTY-EIGHT-A OR THREE HUNDRED
EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, THE APPOINTMENT OF AN ATTORNEY
FOR THE CHILD SHALL  CONTINUE  WITHOUT  FURTHER  ORDER  OR  APPOINTMENT,
UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY FOR THE CHILD HAS BEEN MADE BY
THE COURT.  THE ATTORNEY FOR THE CHILD SHALL BE NOTIFIED WITHIN TEN DAYS

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OF  THE FILING OF AN ADOPTION PETITION AND WHETHER THE ATTORNEY'S REPRE-
SENTATION OF THE CHILD WILL CONTINUE AT THE ADOPTION.  THE ATTORNEY  FOR
THE  CHILD MAY BE RELIEVED OF HIS OR HER REPRESENTATION UPON APPLICATION
TO  THE  COURT  FOR  TERMINATION  OF  APPOINTMENT. UPON APPROVAL OF SUCH
APPLICATION, THE COURT SHALL IMMEDIATELY APPOINT  ANOTHER  ATTORNEY  FOR
THE CHILD.
  S  4.  This  act  shall  take  effect April 1, 2017; provided that the
amendments to subdivision (a) of section 249 of  the  family  court  act
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 8 of chapter 29 of the
laws of 2011, as amended, when upon such date the provisions of  section
two of this act shall take effect.