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

                                  4842

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced  by  M. of A. WRIGHT, TITUS -- Multi-Sponsored by -- M. of A.
  AUBRY, PHEFFER, REILLY, J. RIVERA, SWEENEY, TITONE, TOWNS -- 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 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a)  In  a proceeding under article three, seven, ten or ten-A 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
disabilities  pursuant to section 322.2 of this act, the court shall not
permit the respondent to waive the right to be  represented  by  counsel

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08096-01-1
              

A. 4842                             2

chosen  by  the respondent, respondent's parent, or other person legally
responsible for the respondent's care, or by assigned  counsel.  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. 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 A LAW GUARDIAN HAS BEEN MADE BY THE  COURT
OR  UNLESS  THE JUDGE WHO WILL BE FINALIZING THE ADOPTION HAS PERSONALLY
PRESIDED OVER THE LAST PROCEEDING INVOLVING THE CHILD; IN  SUCH  CIRCUM-
STANCE  THE CONTINUATION OF REPRESENTATION BY THE ATTORNEY FOR THE CHILD
IS DISCRETIONARY.  THE ATTORNEY FOR THE CHILD SHALL BE  NOTIFIED  WITHIN
TEN  DAYS  OF  THE FILING OF AN ADOPTION PETITION AND WHETHER THE ATTOR-
NEY'S REPRESENTATION 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  ATTOR-
NEY FOR THE CHILD.
  S 3. This act shall take effect April 1, 2012.