S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6074--A
     Cal. No. 126
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2021
                                ___________
 
 Introduced  by Sens. SALAZAR, BIAGGI, GAUGHRAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  recommitted  to the Committee on Judiciary in accordance with
   Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
   committed  to the Committee on Finance -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the family court act, in relation to expanding the right
   to assistance of counsel to include petitioner kinship  caregivers  in
   custody  and  guardianship proceedings and respondents in guardianship
   proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 262 of the family court act, as
 added by chapter 682 of the laws  of  1975,  the  opening  paragraph  as
 amended  by  section 3 of part A of chapter 3 of the laws of 2005, para-
 graphs (i) and (iv) as amended and paragraph (ix) as added by chapter  3
 of  the  laws  of  2012, paragraph (ii) as amended by chapter 693 of the
 laws of 1981, paragraph (iii) as amended by chapter 666 of the  laws  of
 1976,  and paragraph (viii) as added by chapter 456 of the laws of 1978,
 is amended to read as follows:
   (a) Each of the persons described below in this  subdivision  has  the
 right  to  the  assistance of counsel. When such person first appears in
 court, the judge shall advise such person before proceeding that  he  or
 she  has the right to be represented by counsel of his or her own choos-
 ing, of the right to have an adjournment to confer with counsel, and  of
 the  right to have counsel assigned by the court in any case where he or
 she is financially unable to obtain the same:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01510-03-2
 S. 6074--A                          2
              

 
   (i) the respondent in any proceeding under article  ten  or  ten-A  of
 this  act and the petitioner in any proceeding under part eight of arti-
 cle ten of this act;
   (ii) the petitioner and the respondent in any proceeding under article
 eight of this act;
   (iii)  the  respondent  in  any proceeding under part three OR FOUR of
 article six of this act;
   (iv) the parent or person legally responsible, foster parent, or other
 person having physical or legal custody of the child in  any  proceeding
 under  article  ten or ten-A of this act or section three hundred fifty-
 eight-a, three hundred eighty-four or three hundred eighty-four-b of the
 social services law, and a non-custodial parent  or  grandparent  served
 with  notice  pursuant  to  paragraph  (e) of subdivision two of section
 three hundred eighty-four-a of the social services law;
   (v) the parent of any child seeking custody or contesting the substan-
 tial infringement of his or her right to custody of such child,  in  any
 proceeding  before  the  court  in  which  the court has jurisdiction to
 determine such custody;
   (vi) ANY PERSON ACTING AS A PARENT OF A CHILD, WHO IS SEEKING  CUSTODY
 OR GUARDIANSHIP OF SUCH CHILD UNDER PART THREE OR FOUR OF ARTICLE SIX OF
 THIS ACT, AND WHO IS A KINSHIP CAREGIVER OF SUCH CHILD. FOR THE PURPOSES
 OF  THIS  PARAGRAPH  THE  TERM  KINSHIP  CAREGIVER SHALL MEAN ANY PERSON
 DESCRIBED UNDER SUBDIVISION TWENTY-TWO OF SECTION THREE  HUNDRED  SEVEN-
 TY-ONE OF THE SOCIAL SERVICES LAW;
   (VII)  any person in any proceeding before the court in which an order
 or other determination is being sought to hold such person  in  contempt
 of  the  court or in willful violation of a previous order of the court,
 except for a contempt which may  be  punished  summarily  under  section
 seven hundred fifty-five of the judiciary law;
   [(vii)]  (VIII)  the  parent of a child in any adoption proceeding who
 opposes the adoption of such child[.];
   [(viii)] (IX) the respondent in any proceeding under article  five  of
 this act in relation to the establishment of paternity[.]; AND
   [(ix)] (X) in a proceeding under article ten-C of this act:
   (1)  a  parent  or  caretaker as such terms are defined in section one
 thousand ninety-two of this act;
   (2) an interested adult as such term is defined in section  one  thou-
 sand ninety-two of this act provided that:
   (A)  the child alleged to be destitute in the proceeding held pursuant
 to article ten-C of this act was removed from the care  of  such  inter-
 ested adult;
   (B)  the child alleged to be destitute in the proceeding held pursuant
 to article ten-C of this act resides with the interested adult; or
   (C) the child alleged to be destitute in the proceeding held  pursuant
 to  article  ten-C  of this act resided with such interested adult imme-
 diately prior to the filing of the petition under article ten-C of  this
 act;
   (3)  any interested adult as such term is defined in section one thou-
 sand ninety-two of this act or any person made a party  to  the  article
 ten-C  proceeding  pursuant  to  subdivision (c) of section one thousand
 ninety-four of this act for whom  the  court  orders  counsel  appointed
 pursuant  to subdivision (d) of section one thousand ninety-four of this
 act.
   § 2. Paragraph 1 of subdivision (a) of  section  1094  of  the  family
 court  act,  as  amended by chapter 3 of the laws of 2012, is amended to
 read as follows:
 S. 6074--A                          3
 
   (1) appoint an attorney to represent  the  child  in  accordance  with
 section  two  hundred forty-nine of this act, and appoint an attorney to
 represent a parent, caretaker or interested  adult  in  accordance  with
 paragraph [(ix)] (X) of subdivision (a) of section two hundred sixty-two
 of this act, if he or she is financially unable to obtain counsel;
   §  3. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.