Legislation
SECTION 1016
Appointment of attorney for the child
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 1
§ 1016. Appointment of attorney for the child. The court shall appoint
an attorney to represent a child who has been allegedly abused or
neglected upon the earliest occurrence of any of the following: (i) the
court receiving notice, pursuant to paragraph (iv) of subdivision (b) of
section one thousand twenty-four of this act, of the emergency removal
of the child; (ii) an application for an order for removal of the child
prior to the filing of a petition, pursuant to section one thousand
twenty-two of this act; or (iii) the filing of a petition alleging abuse
or neglect pursuant to this article.
Whenever an attorney has been appointed by the family court pursuant
to section two hundred forty-nine of this act to represent a child in a
proceeding under this article, such appointment shall continue without
further court order or appointment during (i) an order of disposition
issued by the court pursuant to section one thousand fifty-two of this
article directing supervision, protection or suspending judgment, or any
extension thereof; (ii) an adjournment in contemplation of dismissal as
provided for in section one thousand thirty-nine of this article or any
extension thereof; or (iii) the pendency of the foster care placement
ordered pursuant to section one thousand fifty-two of this article. All
notices and reports required by law shall be provided to such attorney
for the child. Such appointment shall terminate upon the expiration of
such order, unless another appointment of an attorney for the child has
been made by the court or unless such attorney makes application to the
court to be relieved of his or her appointment. Upon approval of such
application to be relieved, the court shall immediately appoint another
attorney for the child to whom all notices and reports required by law
shall be provided.
The attorney for the child shall be entitled to compensation pursuant
to applicable provisions of law for services rendered up to and
including disposition of the petition. The attorney for the child shall,
by separate application, be entitled to compensation for services
rendered subsequent to the disposition of the petition.
Nothing in this section shall be construed to limit the authority of
the court to remove the attorney for the child from his or her
assignment.
an attorney to represent a child who has been allegedly abused or
neglected upon the earliest occurrence of any of the following: (i) the
court receiving notice, pursuant to paragraph (iv) of subdivision (b) of
section one thousand twenty-four of this act, of the emergency removal
of the child; (ii) an application for an order for removal of the child
prior to the filing of a petition, pursuant to section one thousand
twenty-two of this act; or (iii) the filing of a petition alleging abuse
or neglect pursuant to this article.
Whenever an attorney has been appointed by the family court pursuant
to section two hundred forty-nine of this act to represent a child in a
proceeding under this article, such appointment shall continue without
further court order or appointment during (i) an order of disposition
issued by the court pursuant to section one thousand fifty-two of this
article directing supervision, protection or suspending judgment, or any
extension thereof; (ii) an adjournment in contemplation of dismissal as
provided for in section one thousand thirty-nine of this article or any
extension thereof; or (iii) the pendency of the foster care placement
ordered pursuant to section one thousand fifty-two of this article. All
notices and reports required by law shall be provided to such attorney
for the child. Such appointment shall terminate upon the expiration of
such order, unless another appointment of an attorney for the child has
been made by the court or unless such attorney makes application to the
court to be relieved of his or her appointment. Upon approval of such
application to be relieved, the court shall immediately appoint another
attorney for the child to whom all notices and reports required by law
shall be provided.
The attorney for the child shall be entitled to compensation pursuant
to applicable provisions of law for services rendered up to and
including disposition of the petition. The attorney for the child shall,
by separate application, be entitled to compensation for services
rendered subsequent to the disposition of the petition.
Nothing in this section shall be construed to limit the authority of
the court to remove the attorney for the child from his or her
assignment.