NY State Senate Bill 2023-S9695

Current Bill Status - In Assembly 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
Jun 04, 2024	referred to children and families delivered to assembly passed senate ordered to third reading cal.1728 committee discharged and committed to rules
May 21, 2024	referred to children and families

Votes

- Jun 4, 2024 - Floor Vote
  S9695
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Oberacker
      
      excused (1)
      
      Walczyk
  Jun 4, 2024 - Rules Committee Vote
  S9695
  
  16
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 4, 2024
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (4)
      
      Griffo
      
      Helming
      
      O'Mara
      
      Stec

2023-S9695 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd Art 2 Part 6 Part Head, §§261, 262 & 1094, add §1016-a, Fam Ct Act; amd §422, Soc Serv L

2023-S9695 (ACTIVE) - Summary

Provides access to representation for adults in child protective proceedings of the family court who are financially eligible as determined by the chief administrator of the courts; provides access by attorneys for adults and children to records of the statewide registry of child abuse and maltreatment.

2023-S9695 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9695

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the family court act, in relation to representation of
adults and children in family court proceedings; and to amend the social
services law, in relation to access by attorneys for adults and children
to records of the statewide registry of child abuse and maltreatment

2.  
SOURCE OF BILL

This bill is being introduced at the request of the Judiciary, upon the
recommendation of the Chief Judge's Commission on Parental Legal Repre-
sentation and the Chief Administrative Judge's Family Court Advisory and
Rules Committee.

3.  
PURPOSE OF BILL

This bill makes clear that there is a right to counsel during the inves-
tigatory phase of a child protective proceeding and ensures that attor-
neys for parents and children will have access to records necessary to

enable the provision of representation prior to the filing of court
proceedings.

4.  
SUMMARY OF PROVISIONS

Section 1 of the bill amends Family Court Act § 261 to replace the term
"indigent" with "adults who are financially unable to obtain counsel."

Section 2 of the bill amends Family Court Act § 262 to require implemen-
tation of Family Court Rules, including Rule 205.19 (22 NYCRR 205.19)
regarding financial eligibility for assigned counsel, and to clarify
that representation provided prior to the filing of a petition is
included in the appointment and is eligible for compensation.

Section 3 of the bill adds Family Court Act § 1016-a to clarify the
parents' right to counsel during the investigative phase of a child
protective proceeding, to require the courts to give notice of the right
to counsel, to clarify the duration of the appointment of counsel, and
to require that reports and other documents be furnished to counsel.

Section 4 of the bill amends Family Court Act § 1094 to provide that
representation provided to a party prior to the filing of a petition
regarding a destitute minor is included in the appointment and is eligi-
ble for compensation.

Section 5 of the bill amends Social Services Law § 422 to provide
prospective attorneys, both for parents and for children, with access to
reports made to the Statewide Central Register of Child Abuse and
Maltreatment to enable them to check for conflicts of interest that may
prevent representation, to assist the attorneys in preparing for the
initial court proceedings, and where possible to provide representation
prior to the filing of petitions.

5.  
JUSTIFICATION

In a series of public hearings statewide, the Chief Judge's Commission
on Parental Legal Representation (Hon. Karen Peters, Chair) heard testi-
mony that all too often, parents are unrepresented at the critical first
court appearance in child neglect and abuse proceedings in Family Court
at which children may be removed from their care. Parents are only rare-
ly represented during the important investigative stage when inter-
vention to provide services has been shown to prevent the need for court
action altogether. The Commission issued an Interim Report in 2019, in
which it concluded, inter alia:

"Without meaningful parental representation, Family Courts may lack the
comprehensive information and evidence needed to make reasoned determi-
nations and render proper dispositional orders. Without State funding
and oversight, attorneys lack all the resources necessary to deliver the
effective assistance to which parents are constitutionally entitled."1

As in criminal cases, provision of counsel to parents who are facing
possible removal of children from their care is constitutionally
required, as it is a critical stage of the proceeding. See, e.g., Matter
of Ella B., 30 N.Y.2d 352 (1972). Additionally, both Family Court Act §
262 and Surrogate's Court Procedure Act § 407 provide for the appoint-
ment of counsel for parents who cannot afford to pay for counsel in
cases in which their rights regarding their children are at stake.
Section 205.19 of the Uniform Rules for the Family Court was promulgated
in order to implement the Commission's recommendations both for repre-
sentation at the critical investigative stage prior to the filing of a
child abuse or neglect petition, and for a presumption of a person's
eligibility for appointed counsel to apply at any court proceeding that
may result in the removal of a child from that person's care.2

This bill is essential to facilitate early access to counsel and to
require implementation of Section 205.19 of the Uniform Family Court
Rules. Pre-petition representation in child protective and destitute
minor proceedings would be considered part of the legal representation,
and the Family Court rule regarding financial eligibility for such
representation would be applicable.  Additionally, the amendment to
Social Services Law § 422 is essential to facilitate timely represen-
tation of both parents and their children even before a Family Court
child protective petition has been filed.

6.  
PRIOR LEGISLATIVE HISTORY

None. This is a new proposal.

7.  
FISCAL IMPLICATIONS

This bill would have no meaningful State fiscal impact.

8. Effective date

This bill would take effect on the ninetieth day after enactment.

1 Commission on Parental Legal Representation, Interim Report to Chief
Judge DiFiore (2019) at 6.  
PARENTAL LEGAL REPRESENTATION (NVCOURTS.GOVD

2 UNIFORM RULES OF THE FAMILY COURT, 22 N.Y.C.R.R. § 205.19.

2023-S9695 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9695
 
                             I N  S E N A T E
 
                               May 21, 2024
                                ___________
 
 Introduced by Sen. BRISPORT -- (at request of the Office of Court Admin-
   istration)  --  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  representation  of
   adults  and  children  in  family  court proceedings; and to amend the
   social services law, in relation to access by attorneys for adults and
   children to records of the  statewide  registry  of  child  abuse  and
   maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The part heading of part 6 of article 2 and section 261 of
 the family court act, as added by chapter 682 of the laws of  1975,  are
 amended to read as follows:
                     COUNSEL FOR [INDIGENT] ADULTS IN
       FAMILY COURT PROCEEDINGS WHO ARE FINANCIALLY UNABLE TO OBTAIN
                                  COUNSEL
 
   §  261.  Legislative findings and purpose. Persons involved in certain
 family court proceedings  may  face  the  infringements  of  fundamental
 interests  and  rights,  including the loss of a child's society and the
 possibility of criminal charges, and  therefore  have  a  constitutional
 right  to counsel in such proceedings. Counsel is often indispensable to
 a practical realization of due process of law and [may be helpful to] IN
 HELPING the court [in making] TO MAKE reasoned  determinations  of  fact
 and proper orders of disposition. The purpose of this part is to provide
 a  means  for  implementing  the right to assigned counsel for [indigent
 persons] ADULTS in proceedings under this act WHO ARE FINANCIALLY UNABLE
 TO OBTAIN COUNSEL.
   § 2.  The section heading and subdivision (c) of section  262  of  the
 family  court  act,  as  added  by  chapter 682 of the laws of 1975, are
 amended to read as follows:
   Assignment of counsel  for  [indigent]  persons  WHO  ARE  FINANCIALLY
 UNABLE TO OBTAIN COUNSEL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14547-01-4

 S. 9695                             2
 
   (c) Implementation. (I) Any order for the assignment of counsel issued
 under  this  part shall be implemented as provided in article eighteen-B
 of the county law.
   (II) THE DETERMINATION OF WHETHER PERSONS ARE FINANCIALLY ELIGIBLE FOR
 ASSIGNMENT  OF  COUNSEL UNDER THIS PART SHALL BE MADE IN ACCORDANCE WITH
 RULES PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURTS.
   (III) WHERE REPRESENTATION IS PROVIDED TO AN ELIGIBLE ADULT  PRIOR  TO
 THE  FILING OF A PETITION UNDER ARTICLE TEN OR TEN-A OF THIS ACT OR TO A
 PARENT, CARETAKER OR INTERESTED ADULT PRIOR TO THE FILING OF A  PETITION
 UNDER  ARTICLE  TEN-C OF THIS ACT, SUCH REPRESENTATION SHALL BE ELIGIBLE
 FOR COMPENSATION UNDER PARAGRAPH (I) OF THIS SUBDIVISION.
   § 3. The family court act is amended by adding a new section 1016-a to
 read as follows:
   § 1016-A.  REPRESENTATION FOR ADULTS SUBJECT  TO  A  CHILD  PROTECTIVE
 SERVICES INVESTIGATION AND/OR CHILD PROTECTIVE PROCEEDING.  (A) AN ADULT
 WHO  IS THE SUBJECT OF A CHILD PROTECTIVE SERVICES INVESTIGATION HAS THE
 RIGHT TO COUNSEL PRIOR TO THE INITIATION OF ANY COURT  PROCEEDING.    IF
 SUCH  A  PERSON APPEARS IN COURT WITHOUT COUNSEL AT THE FIRST APPEARANCE
 FOR ANY MATTER UNDER THIS ARTICLE, THE  COURT,  AT  THE  OUTSET  OF  THE
 PROCEEDING,  SHALL  INFORM  THE PERSON OF THE RIGHT TO BE REPRESENTED BY
 COUNSEL OF THEIR OWN CHOOSING, OF THE RIGHT TO HAVE  AN  ADJOURNMENT  TO
 CONFER WITH COUNSEL, AND OF THE RIGHT TO PUBLICLY FUNDED LEGAL REPRESEN-
 TATION  IF  THE  PERSON  IS  FINANCIALLY UNABLE TO OBTAIN COUNSEL.   FOR
 PURPOSES OF THIS SECTION, SUCH PERSON SHALL BE REFERRED TO AS AN "ELIGI-
 BLE PERSON".
   (B) WHENEVER A PERSON HAS BEEN PROVIDED  WITH  PUBLICLY  FUNDED  LEGAL
 REPRESENTATION  UNDER  THIS  ARTICLE, SUCH REPRESENTATION SHALL CONTINUE
 DURING (I) THE PERIOD IN WHICH AN ORDER OF  DISPOSITION  ISSUED  BY  THE
 COURT PURSUANT TO SECTION ONE THOUSAND FIFTY-TWO OF THIS ARTICLE DIRECT-
 ING  SUPERVISION  OR PROTECTION OR SUSPENDING JUDGMENT, OR ANY EXTENSION
 THEREOF, IS IN EFFECT; (II) AN ADJOURNMENT IN CONTEMPLATION OF  DISMISS-
 AL, AS PROVIDED FOR IN SECTION ONE THOUSAND THIRTY-NINE OF THIS ARTICLE,
 OR  ANY EXTENSION THEREOF; (III) A PERMANENCY HEARING PURSUANT TO SUBDI-
 VISION (B) OF SECTION ONE THOUSAND NINETY OF  THIS  ACT;  AND  (IV)  THE
 PENDENCY  OF  A SUPPLEMENTAL OR RELATED PROCEEDING, INCLUDING ANY PERIOD
 OF CONTINUING JURISDICTION.
   (C) ALL NOTICES AND REPORTS REQUIRED BY LAW AND ALL  MOTIONS  MADE  BY
 ANY OTHER PARTY TO THE PROCEEDING OR THE ATTORNEY FOR THE CHILD SHALL BE
 SERVED UPON THE ATTORNEY FOR THE ELIGIBLE PERSON.
   (D) REPRESENTATION OF THE ELIGIBLE PERSON TERMINATES ONLY IF THE COURT
 RELIEVES  THE  ATTORNEY,  OR  A  FINAL  ORDER IS ISSUED AND THE ELIGIBLE
 PERSON IS INFORMED OF ANY EXISTING RIGHT TO APPEAL AND DECLINES TO EXER-
 CISE ANY EXISTING RIGHT TO APPEAL  AND  WHERE  NO  FURTHER  JURISDICTION
 CONTINUES  UNDER  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS ACT OR ANY
 OTHER PROVISION OF LAW.
   (E) THE ATTORNEY FOR THE ELIGIBLE PERSON MAY BE  RELIEVED  AS  COUNSEL
 UPON  APPLICATION  TO  THE COURT FOR TERMINATION OF THE APPOINTMENT.  IF
 THE APPLICATION IS APPROVED AND THE PERSON REMAINS ELIGIBLE FOR PUBLICLY
 FUNDED COUNSEL, THE COURT SHALL  IMMEDIATELY  APPOINT  ANOTHER  ATTORNEY
 PURSUANT  TO  SECTION  TWO  HUNDRED SIXTY-TWO OF THIS ACT, UPON WHOM ALL
 NOTICES AND REPORTS REQUIRED BY LAW AND ALL MOTIONS MADE  BY  ANY  OTHER
 PARTY TO THE PROCEEDING OR THE ATTORNEY FOR THE CHILD SHALL BE SERVED.
   (F)  THE ATTORNEY FOR THE ELIGIBLE PERSON SHALL BE ENTITLED TO COMPEN-
 SATION PURSUANT TO APPLICABLE PROVISIONS OF LAW  FOR  SERVICES  RENDERED
 PRIOR  TO AND SUBSEQUENT TO THE FILING OF A PETITION UNDER THIS ARTICLE,
 INCLUDING DISPOSITION OF THE PETITION, AS WELL  AS  ALL  PERMANENCY  AND
 S. 9695                             3
 
 OTHER  POST-DISPOSITIONAL,  SUPPLEMENTAL  AND RELATED PROCEEDINGS.   THE
 COURT MAY RECEIVE AND APPROVE PERIODIC REQUESTS BY ATTORNEYS FOR PAYMENT
 FOR ALL SUCH SERVICES PROVIDED.
   §  4.    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:
   (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) of subdivision (a) of section two  hundred  sixty-two  of
 this  act,  if [he or she] SUCH PARENT, CARETAKER OR INTERESTED ADULT is
 financially unable to obtain  counsel;  PROVIDED,  HOWEVER,  THAT  WHERE
 PUBLICLY FUNDED REPRESENTATION WAS PROVIDED PRIOR TO THE INITIAL APPEAR-
 ANCE,  INCLUDING ANY PERIOD PRIOR TO THE FILING OF A PETITION UNDER THIS
 ARTICLE, SUCH REPRESENTATION SHALL BE ELIGIBLE  FOR  COMPENSATION  UNDER
 SECTION TWO HUNDRED SIXTY-TWO OF THIS ACT;
   § 5. Subparagraph (t) of paragraph (A) of subdivision 4 of section 422
 of  the  social  services  law,  as amended by chapter 41 of the laws of
 2010, is amended to read as follows:
   (t) an attorney [for] REPRESENTING a child[, appointed pursuant to the
 provisions of section one thousand  sixteen  of]  OR  AN  ADULT  IN  ANY
 PROCEEDING  UNDER  the family court act, SOCIAL SERVICES LAW OR DOMESTIC
 RELATIONS LAW, OR AN ATTORNEY REPRESENTING AN ADULT WHO IS  THE  SUBJECT
 OF, OR IS ANOTHER PERSON NAMED IN THE REPORT, AS DEFINED IN SUBDIVISIONS
 FOUR  AND  FIVE,  RESPECTIVELY,  OF  SECTION FOUR HUNDRED TWELVE OF THIS
 TITLE, at any time such [appointment is in effect, in  relation  to  any
 report  in  which the respondent in the proceeding in which the attorney
 for a child has been appointed is the subject or another person named in
 the report, pursuant to sections  one  thousand  thirty-nine-a  and  one
 thousand  fifty-two-a  of the family court act] ATTORNEY PROVIDES REPRE-
 SENTATION; PROVIDED, HOWEVER, THAT A PROSPECTIVE ATTORNEY FOR A CHILD OR
 FOR AN ADULT WHO IS THE SUBJECT OF, OR IS ANOTHER PERSON NAMED  IN,  THE
 REPORT  MAY  HAVE  ACCESS  TO A REPORT MADE PURSUANT TO THIS TITLE WHERE
 NECESSARY TO ASCERTAIN WHETHER ANY CONFLICT OF  INTEREST  WOULD  PREVENT
 THEIR  REPRESENTATION;  TO ASSIST THE CHILD OR ADULT DURING THE INVESTI-
 GATION OF SUCH REPORT; AND  TO  PREPARE  FOR  INITIAL  PROCEEDINGS  THAT
 ACCOMPANY  THE  FILING  OF A PETITION UNDER THE FAMILY COURT ACT, SOCIAL
 SERVICES LAW OR DOMESTIC RELATIONS LAW;
   § 6. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S9695

Sponsored By

Current Bill Status - In Assembly Committee

Jun 4, 2024 - Floor Vote

Floor Vote: Jun 4, 2024

Jun 4, 2024 - Rules Committee Vote

Rules Committee Vote: Jun 4, 2024

2023-S9695 (ACTIVE) - Details

2023-S9695 (ACTIVE) - Summary

2023-S9695 (ACTIVE) - Sponsor Memo

2023-S9695 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9695

Share this bill

Sponsored By

Jabari Brisport

Current Bill Status - In Assembly Committee

2023-S9695 (ACTIVE) - Details

2023-S9695 (ACTIVE) - Summary

2023-S9695 (ACTIVE) - Sponsor Memo

2023-S9695 (ACTIVE) - Bill Text download pdf

Comments