§ 249. Appointment of attorney for child. * (a) In a proceeding under
article three, seven, ten, ten-A or ten-C of this act or where a
revocation of an adoption consent is opposed under section one hundred
fifteen-b of the domestic relations law or in any proceeding under
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 when a minor is sought to be placed in protective
custody under section one hundred fifty-eight of this act or in any
proceeding where a minor is detained under or governed by the interstate
compact for juveniles established pursuant to section five hundred one-e
of the executive law, the family court shall appoint an attorney to
represent a minor who is the subject of the proceeding or who is sought
to be placed in protective custody, if independent legal representation
is not available to such minor. In any proceeding to extend or continue
the placement of a juvenile delinquent or person in need of supervision
pursuant to section seven hundred fifty-six or 353.3 of this act or any
proceeding to extend or continue a commitment to the custody of the
commissioner of mental health or the commissioner of people with
developmental disabilities pursuant to section 322.2 of this act, the
court shall not permit the respondent to waive the right to be
represented by counsel chosen by the respondent, respondent's parent, or
other person legally responsible for the respondent's care, or by
assigned counsel. In any proceeding under article ten-B of this act, the
family court shall appoint an attorney to represent a youth, under the
age of twenty-one, who is the subject of the proceeding, if independent
legal representation is not available to such youth. In any other
proceeding in which the court has jurisdiction, the court may appoint an
attorney to represent the child, when, in the opinion of the family
court judge, such representation will serve the purposes of this act, if
independent legal counsel is not available to the child. The family
court on its own motion may make such appointment.

* NB Effective until September 1, 2025

* (a) In a proceeding under article three, seven, ten, ten-A or ten-C
of this act or where a revocation of an adoption consent is opposed
under section one hundred fifteen-b of the domestic relations law or in
any proceeding under 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 when a minor is sought to be placed in
protective custody under section one hundred fifty-eight of this act,
the family court shall appoint an attorney to represent a minor who is
the subject of the proceeding or who is sought to be placed in
protective custody, if independent legal representation is not available
to such minor. In any proceeding to extend or continue the placement of
a juvenile delinquent or person in need of supervision pursuant to
section seven hundred fifty-six or 353.3 of this act or any proceeding
to extend or continue a commitment to the custody of the commissioner of
mental health or the commissioner of the office for people with
developmental disabilities pursuant to section 322.2 of this act, the
court shall not permit the respondent to waive the right to be
represented by counsel chosen by the respondent, respondent's parent, or
other person legally responsible for the respondent's care, or by
assigned counsel. In any proceeding under article ten-B of this act, the
family court shall appoint an attorney to represent a youth, under the
age of twenty-one, who is the subject of the proceeding, if independent
legal representation is not available to such youth. In any other
proceeding in which the court has jurisdiction, the court may appoint an
attorney to represent the child, when, in the opinion of the family
court judge, such representation will serve the purposes of this act, if
independent legal counsel is not available to the child. The family
court on its own motion may make such appointment.

* NB Effective September 1, 2025

(b) In making an appointment of an attorney for a child pursuant to
this section, the court shall, to the extent practicable and
appropriate, appoint the same attorney who has previously represented
the child. Notwithstanding any other provision of law, in a proceeding
under article three of this act following an order of removal made
pursuant to article seven hundred twenty-five of the criminal procedure
law, the court shall, wherever practicable, appoint the same counsel who
represented the juvenile offender in the criminal proceedings.