Legislation
SECTION 1090
Representation of parties
Family Court Act (FCT) CHAPTER 686, ARTICLE 10-A
§ 1090. Representation of parties. * (a) If an attorney for the child
has been appointed by the family court in a proceeding pursuant to this
article or section three hundred fifty-eight-a, three hundred
eighty-three-c, three hundred eighty-four, or three hundred
eighty-four-b of the social services law, or article ten, ten-B or ten-C
of this act, the appointment of the attorney for the child shall
continue without further court order or appointment, unless another
appointment of an attorney for the child has been made by the court,
until the child is discharged from placement and all orders regarding
supervision, protection or services have expired. The attorney for the
child shall also represent the child without further order or
appointment in any proceedings under article ten-B or ten-C of this act.
All notices, reports and motions required by law shall be provided to
such attorney. The attorney for the child may be relieved of his or her
representation upon application to the court for termination of the
appointment. Upon approval of the application, the court shall
immediately appoint another attorney to whom all notices, reports, and
motions required by law shall be provided.
* NB Effective until January 20, 2025
* (a) If an attorney for the child has been appointed by the family
court in a proceeding pursuant to this article or section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four,
or three hundred eighty-four-b of the social services law, or article
ten, ten-B or ten-C of this act, the appointment of the attorney for the
child shall continue without further court order or appointment, unless
another appointment of an attorney for the child has been made by the
court, until the child is discharged from placement and all orders
regarding supervision, protection or services have expired. The attorney
for the child shall also represent the child without further order or
appointment in any proceedings under article ten-B or ten-C of this act.
The attorney for the child shall also represent the child without
further order or appointment in any proceeding brought by a youth who
was formerly in foster care to enforce orders that were made prior to
such child's discharge from care when such child was between the ages of
eighteen and twenty-one. All notices, reports and motions required by
law shall be provided to such attorney. The attorney for the child may
be relieved of their representation upon application to the court for
termination of the appointment. Upon approval of the application, the
court shall immediately appoint another attorney to whom all notices,
reports, and motions required by law shall be provided.
* NB Effective January 20, 2025
(b) The appointment of an attorney for the respondent parent or
parents pursuant to section two hundred sixty-two of this act shall
continue without further order of the court. The appointment shall
expire upon the expiration of the time for appeal of an order of
disposition against the respondent parent committing custody and
guardianship of the child pursuant to section three hundred
eighty-four-b of the social services law or upon final determination of
any appeal or subsequent appeals authorized by law, or upon entry of an
order approving a surrender pursuant to the provisions of section three
hundred eighty-three-c of the social services law. All notices, reports
and motions required by law shall be served upon the attorney for the
respondent parent or parents. The attorney may be relieved of his or her
representation upon application to the court for termination of the
appointment. If the application is approved, the court shall immediately
appoint another attorney for the respondent parent or parents pursuant
to section two hundred sixty-two of this act upon whom all notices,
reports, and motions required by law shall be provided.
has been appointed by the family court in a proceeding pursuant to this
article or section three hundred fifty-eight-a, three hundred
eighty-three-c, three hundred eighty-four, or three hundred
eighty-four-b of the social services law, or article ten, ten-B or ten-C
of this act, the appointment of the attorney for the child shall
continue without further court order or appointment, unless another
appointment of an attorney for the child has been made by the court,
until the child is discharged from placement and all orders regarding
supervision, protection or services have expired. The attorney for the
child shall also represent the child without further order or
appointment in any proceedings under article ten-B or ten-C of this act.
All notices, reports and motions required by law shall be provided to
such attorney. The attorney for the child may be relieved of his or her
representation upon application to the court for termination of the
appointment. Upon approval of the application, the court shall
immediately appoint another attorney to whom all notices, reports, and
motions required by law shall be provided.
* NB Effective until January 20, 2025
* (a) If an attorney for the child has been appointed by the family
court in a proceeding pursuant to this article or section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four,
or three hundred eighty-four-b of the social services law, or article
ten, ten-B or ten-C of this act, the appointment of the attorney for the
child shall continue without further court order or appointment, unless
another appointment of an attorney for the child has been made by the
court, until the child is discharged from placement and all orders
regarding supervision, protection or services have expired. The attorney
for the child shall also represent the child without further order or
appointment in any proceedings under article ten-B or ten-C of this act.
The attorney for the child shall also represent the child without
further order or appointment in any proceeding brought by a youth who
was formerly in foster care to enforce orders that were made prior to
such child's discharge from care when such child was between the ages of
eighteen and twenty-one. All notices, reports and motions required by
law shall be provided to such attorney. The attorney for the child may
be relieved of their representation upon application to the court for
termination of the appointment. Upon approval of the application, the
court shall immediately appoint another attorney to whom all notices,
reports, and motions required by law shall be provided.
* NB Effective January 20, 2025
(b) The appointment of an attorney for the respondent parent or
parents pursuant to section two hundred sixty-two of this act shall
continue without further order of the court. The appointment shall
expire upon the expiration of the time for appeal of an order of
disposition against the respondent parent committing custody and
guardianship of the child pursuant to section three hundred
eighty-four-b of the social services law or upon final determination of
any appeal or subsequent appeals authorized by law, or upon entry of an
order approving a surrender pursuant to the provisions of section three
hundred eighty-three-c of the social services law. All notices, reports
and motions required by law shall be served upon the attorney for the
respondent parent or parents. The attorney may be relieved of his or her
representation upon application to the court for termination of the
appointment. If the application is approved, the court shall immediately
appoint another attorney for the respondent parent or parents pursuant
to section two hundred sixty-two of this act upon whom all notices,
reports, and motions required by law shall be provided.