NY State Senate Bill 2017-S4650

Senate Bill S4650

2017-2018 Legislative Session

Relates to training requirements for attorneys appointed to represent a child in certain proceedings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Feb 23, 2017	referred to children and families

2017-S4650 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §249-b, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7099
2019-2020: S2226
2021-2022: S5197
2023-2024: S4160

2017-S4650 (ACTIVE) - Summary

Relates to training requirements for attorneys appointed to represent a child in certain proceedings.

2017-S4650 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4650

 TITLE OF BILL :  An act to amend the family court act, in relation to
training requirements for attorneys appointed to represent a child in
certain proceedings

 PURPOSE :

To ensure attorneys appointed to represent children are properly
educated in juvenile delinquency matters.

 SUMMARY OF PROVISIONS :

Section 1 amends paragraphs 2 and 3 of subdivision (a) of section
249-b of the family court act, paragraph 2 as added and paragraph 3 as
amended by chapter 476 of the laws of 2009, and adds a new paragraph 4
providing training programs for attorneys for children must include an
overview of juvenile delinquency law and procedure, all attorneys for
children must receive initial training for a period of six hours and
ongoing training as prescribed by the court, and the court shall
encourage public defender offices and agencies representing children
to provide training on juvenile delinquency issues the state bar has
approved for continuing legal education credit.

Section 2 provides this act shall take effect immediately.

 EXISTING LAW :

Training programs for attorneys representing children include domestic
violence briefing, but an overview of juvenile delinquency law and
procedure is not mandated. The law provides attorneys for children
shall receive initial and ongoing training, but the six hour period is
not included. Current law does not encourage public defender offices
to provide training on juvenile delinquency issues for continuing
legal education credit.

 JUSTIFICATION :

Attorneys rarely receive specialized training in how to provide
representation to clients. Children are unlike any other clients
attorneys represent, with highly sensitive needs and a unique set of
rules governing their proceedings. This is especially the case when a
child is accused of doing wrong. It is therefore important attorneys
who represent children are sufficiently trained and stay up to date on
juvenile delinquency law, procedure and issues.

 LEGISLATIVE HISTORY :

03/28/16 Referred to Judiciary

 FISCAL IMPLICATIONS :

Minimal

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4650 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4650
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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  training  require-
   ments  for  attorneys  appointed  to  represent  a  child  in  certain
   proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs 2 and 3 of subdivision (a) of section 249-b of
 the family court act, paragraph 2 as added and paragraph 3 as amended by
 chapter 476 of the laws of 2009, are amended and a new  paragraph  4  is
 added to read as follows:
   2.  provide for the development of training programs with the input of
 and in consultation with the state office for the prevention of domestic
 violence. Such training programs must include AN  OVERVIEW  OF  JUVENILE
 DELINQUENCY  LAW AND PROCEDURE the dynamics of domestic violence and its
 effect on victims and on children, and  the  relationship  between  such
 dynamics  and  the  issues  considered  by the court, including, but not
 limited  to,  custody,  visitation  and  child  support.  Such  training
 programs  along  with the providers of such training must be approved by
 the office of court administration following consultation with and input
 from the state office for the prevention of domestic violence; and
   3. require that all attorneys for children, including new and  veteran
 attorneys,  receive initial TRAINING FOR A PERIOD OF SIX HOURS and ongo-
 ing training AS  PRESCRIBED  BY  THE  COURT  as  provided  for  in  this
 section[.]; AND
   4.  ENCOURAGE PUBLIC DEFENDER OFFICES AND AGENCIES THAT PROVIDE REPRE-
 SENTATION IN PROCEEDINGS UNDER THIS SECTION TO PROVIDE TRAINING ON JUVE-
 NILE DELINQUENCY ISSUES THAT THE STATE BAR HAS APPROVED  FOR  CONTINUING
 LEGAL EDUCATION CREDIT.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02242-01-7

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