* § 214. Chief administrator to prescribe forms; electronic filing in
family court. (a) The chief administrator of the courts shall promulgate
a uniform, statewide petition for adoption and may prescribe such other
forms as may be proper for the efficient and just administration of this
act, including forms for petitions, summons, warrants, subpoenas,
undertakings, and orders authorized by this act.

(b) (i) Notwithstanding any other provision of law, the chief
administrator, with the approval of the administrative board of the
courts, may promulgate rules authorizing a program in the use of
electronic means ("e-filing") in the family court for: (1) the
origination of proceedings in such court, and (2) the filing and service
of papers in pending proceedings.

(ii) (1) Except as otherwise provided in this paragraph, participation
in this program shall be strictly voluntary and will take place only
upon consent of all parties in the proceeding; except that failure of a
party or other person who is entitled to notice of the proceedings to
consent to participation shall not bar any other party from filing and
serving papers by electronic means upon the court or any other party or
person entitled to receive notice of such proceeding who has consented
to participation. Filing a petition with the court by electronic means
for the purpose of originating a proceeding shall not require the
consent of any other party; provided, however, that upon such filing, a
party to such proceeding and any attorney for such person shall be
permitted to immediately review and obtain copies of such documents and
papers if such person or attorney would have been authorized by law to
review or obtain copies of such documents and papers if they had been
filed with the court in paper form.

No party shall be compelled, directly or indirectly, to participate in
e-filing. All parties shall be notified clearly, in plain language,
about their options to participate in e-filing. Where a party is not
represented by counsel, the clerk shall explain such party's options for
electronic filing in plain language, including the option for expedited
processing, and shall inquire whether he or she wishes to participate,
provided however the unrepresented litigant may participate in the
program only upon his or her request, which shall be documented in the
case file, after said party has been presented with sufficient
information in plain language concerning the program.

(2) In the rules promulgated pursuant to paragraph (i) of this
subdivision, the chief administrator may eliminate the requirement of
consent to participation in this program in family courts of not more
than six counties for:

(A) the filing with the court of a petition originating a juvenile
delinquency proceeding under article three of this act by a presentment
agency as defined in section 301.2 of such act;

(B) the filing with the court of a petition originating in a
proceeding to determine abuse or neglect pursuant to article ten of this
act by a child protective agency, as defined in section one thousand
twelve of such act; and

(C) the filing and service of papers in proceedings specified in
clauses (A) and (B) of this subparagraph where, pursuant to such
clauses, such proceedings were originated in the court by electronic
filing.

Notwithstanding the foregoing, the chief administrator shall not
eliminate the requirement of consent to participation without the
consent of each authorized presentment agency, child protective agency
of an affected county, the family court bar providing representation to
parents, and the family court bar providing representation to children
(as represented by the head of each legal services organization
representing parents and/or children, the head of each public defender
organization, and president of the local bar association as applicable)
in any county in which such elimination shall apply.

Notwithstanding the foregoing, the chief administrator may not
eliminate the requirement of consent to participation in a county
hereunder until he or she shall have provided all persons or
organizations, or their representative or representatives, who regularly
appear in proceedings in the family court of such county, in which
proceedings the requirement of consent is to be eliminated, with
reasonable notice and an opportunity to submit comments with respect
thereto and shall have given due consideration to all such comments, nor
until he or she shall have consulted with the members of the advisory
committee continued pursuant to subparagraph (vi) of paragraph (u) of
subdivision two of section two hundred twelve of the judiciary law.

(c) Where the chief administrator eliminates the requirement of
consent as provided in subparagraph two of paragraph (ii) of subdivision
(b) of this section, he or she shall afford counsel the opportunity to
opt out of the program, via presentation of a prescribed form to be
filed with the clerk of the court where the proceeding is pending. Said
form shall permit an attorney to opt out of participation in the program
under any of the following circumstances, in which event, he or she will
not be compelled to participate:

(i) Where the attorney certifies in good faith that he or she lacks
the computer hardware and/or connection to the internet and/or scanner
or other device by which documents may be converted to an electronic
format; or

(ii) Where the attorney certifies in good faith that he or she lacks
the requisite knowledge in the operation of such computers and/or
scanners necessary to participate. For the purposes of this paragraph,
the knowledge of any employee of an attorney, or any employee of the
attorney's law firm, office or business who is subject to such
attorney's direction, shall be imputed to the attorney.

Notwithstanding the foregoing provisions of this paragraph: (A) where
a party or a person entitled to notice of the proceedings is not
represented by counsel, the court shall explain such party's options for
electronic filing in plain language, including the option for expedited
processing, and shall inquire whether he or she wishes to participate,
provided however, the unrepresented litigant may participate in the
program only upon his or her request, which shall be documented in the
case file, after said party has been presented with sufficient
information in plain language concerning the program; (B) a party who is
not represented by counsel who has chosen to participate in the program
shall be afforded the opportunity to opt out of the program for any
reason via presentation of a prescribed form to be filed with the clerk
of the court where the proceeding is pending; and (C) a court may exempt
any attorney from being required to participate in the program upon
application for such exemption, showing good cause therefor.

(d) For purposes of this section, "electronic means" shall be as
defined in subdivision (f) of rule twenty-one hundred three of the civil
practice law and rules.

(e) Notwithstanding any provision of this chapter, no paper or
document that is filed by electronic means in a proceeding in family
court shall be available for public inspection on-line. Subject to the
provisions of existing laws governing the sealing and confidentiality of
court records, nothing herein shall prevent the unified court system
from sharing statistical information that does not include any papers or
documents filed with the action.

(f) Nothing in this section shall affect or change any existing laws
governing the sealing and confidentiality of court records in family
court proceedings or access to court records by the parties to such
proceedings, nor shall this section be construed to compel a party to
file a sealed document by electronic means.

(g) Nothing in this section shall affect or change existing laws
governing service of process, nor shall this section be construed to
abrogate existing personal service requirements as set forth in this act
and the civil practice law and rules.

* NB Effective until September 1, 2027

* § 214. State administrator to prescribe forms. The state
administrator shall promulgate a uniform, statewide petition for
adoption and may prescribe such other forms as may be proper for the
efficient and just administration of this act, including forms for
petitions, summons, warrants, subpoenas, undertakings, and orders
authorized by this act.

* NB Effective September 1, 2027