NY State Senate Bill 2023-S4160

Senate Bill S4160

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Judiciary 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, 2024	referred to judiciary
Feb 03, 2023	referred to judiciary

2023-S4160 (ACTIVE) - Details

See Assembly Version of this Bill:: A7011
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §249-b, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7099
2017-2018: S4650
2019-2020: S2226
2021-2022: S5197

2023-S4160 (ACTIVE) - Summary

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

2023-S4160 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4160

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the family court act, in relation to training require-
ments 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 defen-
der 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 repre-
sentation to clients. Children are unlike any other clients attorneys
represent, with highly sensitive needs and a unique set of rules govern-
ing their proceedings. This is especially the case when a child is
accused of doing wrong. It is therefore important attorneys who repre-
sent children are sufficiently trained and stay up to date on juvenile,
delinquency law, procedure and issues.

 
LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE JUDICIARY

2019-20 REFERRED TO SENATE JUDICIARY

 
FISCAL IMPLICATIONS:

Minimal

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4160 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4160
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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.
                                                            LBD08548-01-3

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