Legislation
SECTION 501-H
Detention and appointment of an attorney for the child in proceedings involving youth governed by the interstate compact for juveniles
Executive (EXC) CHAPTER 18, ARTICLE 19-G, TITLE 1
* § 501-h. Detention and appointment of an attorney for the child in
proceedings involving youth governed by the interstate compact for
juveniles. 1. If a youth is detained under the interstate compact for
juveniles established pursuant to section five hundred one-e of this
article, he or she shall be brought before the appropriate court within
seventy-two hours or the next day the court is in session, whichever is
sooner, and shall be advised by the judge of his or her right to remain
silent, his or her right to be represented by counsel of his or her own
choosing, and of the right to have an attorney assigned in accord with,
as applicable, section two hundred forty-nine of the family court act or
article eighteen-B of the county law. The youth shall be allowed a
reasonable time to retain counsel, contact his or her parents or other
person or persons legally responsible for his or her care or an adult
with whom the youth has a significant connection, and the judge may
adjourn the proceedings for such purposes. Provided, however, that
nothing in this section shall be deemed to require a youth to contact
his or her parents or other person or persons legally responsible for
his or her care. Provided further, however, that counsel shall be
assigned immediately, and continue to represent the youth until any
retained counsel appears. The court shall schedule a court appearance
for the youth no later than ten days after the initial court appearance,
and every ten days thereafter, while the youth is detained pursuant to
the interstate compact for juveniles unless any such appearance is
waived by the attorney for the child.
2. All youth subject to proceedings governed by the interstate compact
for juveniles established pursuant to section five hundred one-e of this
article shall be appointed an attorney pursuant to, as applicable,
section two hundred forty-nine of the family court act or article
eighteen-B of the county law if independent legal representation is not
available to such youth.
* NB Repealed September 1, 2025
proceedings involving youth governed by the interstate compact for
juveniles. 1. If a youth is detained under the interstate compact for
juveniles established pursuant to section five hundred one-e of this
article, he or she shall be brought before the appropriate court within
seventy-two hours or the next day the court is in session, whichever is
sooner, and shall be advised by the judge of his or her right to remain
silent, his or her right to be represented by counsel of his or her own
choosing, and of the right to have an attorney assigned in accord with,
as applicable, section two hundred forty-nine of the family court act or
article eighteen-B of the county law. The youth shall be allowed a
reasonable time to retain counsel, contact his or her parents or other
person or persons legally responsible for his or her care or an adult
with whom the youth has a significant connection, and the judge may
adjourn the proceedings for such purposes. Provided, however, that
nothing in this section shall be deemed to require a youth to contact
his or her parents or other person or persons legally responsible for
his or her care. Provided further, however, that counsel shall be
assigned immediately, and continue to represent the youth until any
retained counsel appears. The court shall schedule a court appearance
for the youth no later than ten days after the initial court appearance,
and every ten days thereafter, while the youth is detained pursuant to
the interstate compact for juveniles unless any such appearance is
waived by the attorney for the child.
2. All youth subject to proceedings governed by the interstate compact
for juveniles established pursuant to section five hundred one-e of this
article shall be appointed an attorney pursuant to, as applicable,
section two hundred forty-nine of the family court act or article
eighteen-B of the county law if independent legal representation is not
available to such youth.
* NB Repealed September 1, 2025