What is a Law Guardian for a Child in New York?
Full Question:
Answer:
Please see the following NY statutes:
§ 241 Fam. Ct. Act. Findings and purpose.
This act declares that minors who are the subject of family court
proceedings or appeals in proceedings originating in the family court
should be represented by counsel of their own choosing or by assigned
counsel. This declaration is based on a finding that counsel is often
indispensable to a practical realization of due process of law and may be
helpful in making reasoned determinations of fact and proper orders of
disposition. This part establishes a system of attorneys for children who
often require the assistance of counsel to help protect their interests and
to help them express their wishes to the court. Nothing in this act is
intended to preclude any other interested person from appearing by counsel.
§ 242 Fam. Ct. Act. Law guardian.
As used in this act, " attorney for the child" refers to an attorney
admitted to practice law in the state of New York and designated under this
part to represent minors pursuant to section two hundred forty-nine of this
act.
§ 243 Fam. Ct. Act. Designation.
(a) The office of court administration may enter into an agreement with
a legal aid society for the society to provide attorneys to represent
children in the family court or appeals in proceedings originating in the
family court in a county having a legal aid society.
(b) The appellate division of the supreme court for the judicial
department in which a county is located may, upon determining that a county
panel designated pursuant to subdivision (c) of this section is not
sufficient to afford appropriate services of attorneys for children, enter
into an agreement, subject to regulations as may be promulgated by the
administrative board of the courts, with any qualified attorney or
attorneys to serve as attorneys for children for the family court or
appeals in proceedings originating in the family court in that county.
(c) The appellate division of the supreme court for the judicial
department in which a county is located may designate a panel of
attorneys for children for the family court and appeals in proceedings
originating in the family court in that county, subject to the approval
of the administrative board of the courts. For this purpose, such
appellate division may invite a bar association to recommend qualified
persons for consideration by the appellate division in making its
designation, subject to standards as may be promulgated by such
administrative board.
§ 249 Fam. Ct. Act. Appointment of law guardian.
(a) In a proceeding under article three, seven, ten or ten-A of this act
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 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 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 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.
(b) In making an appointment of an attorney for a child pursuant to
this section, the court shall, to the extent practicable and
appropriate, appoint the same attorney who has previously represented the
child. Notwithstanding any other provision of law, in a proceeding under
article three of this act following an order of removal made pursuant to
article seven hundred twenty-five of the criminal procedure law, the
court shall, wherever practicable, appoint the same counsel who
represented the juvenile offender in the criminal proceedings.