§ 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) Participation in this program may be required or may be voluntary
as provided by the chief administrator, except that it shall be strictly
voluntary as to any party to an action or proceeding who is not
represented by counsel unless such party, upon his or her request,
chooses to participate.

(c) (i) Where participation in this program is to be voluntary:

(1) filing a petition by electronic means with the court for the
purpose of originating a proceeding shall not require the consent of any
other party; nor shall the failure of a party or other person who is
entitled to notice of the proceedings to consent to participation 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;

(2) all parties shall be notified clearly, in plain language, about
their options to participate in filing by electronic means;

(3) no party to an action or proceeding shall be compelled, directly
or indirectly, to participate;

(4) where a party 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;

(5) upon the filing of a petition with the court by electronic means,
a party to the 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.

(ii) Where participation in this program is to be required:

(1) such requirement shall not be effective in a court in a county
unless the chief administrator shall:

(A) first consult with and obtain the agreement of each authorized
presentment agency, child protective agency, 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) of such county, provide 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 give due consideration to all such comments, and consult
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; and

(B) afford all those with whom he or she consults pursuant to clause
(A) of this subparagraph with a reasonable opportunity to submit
comments with respect to the program, which comments he or she shall
consider and shall post for public review on the office of court
administration's website; and

(C) consult 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; and

(2) as provided in subdivision (d) of this section, no party who is
not represented by counsel nor any counsel in an affected case who opts
out of participation in the program shall be required to participate
therein.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

(h) 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.