Legislation
SECTION 262
Assignment of counsel for indigent persons
Family Court Act (FCT) CHAPTER 686, ARTICLE 2, PART 6
§ 262. Assignment of counsel for indigent persons. (a) Each of the
persons described below in this subdivision has the right to the
assistance of counsel. When such person first appears in court, the
judge shall advise such person before proceeding that he or she has the
right to be represented by counsel of his or her own choosing, of the
right to have an adjournment to confer with counsel, and of the right to
have counsel assigned by the court in any case where he or she is
financially unable to obtain the same:
(i) the respondent in any proceeding under article ten or ten-A of
this act and the petitioner in any proceeding under part eight of
article ten of this act;
(ii) the petitioner and the respondent in any proceeding under article
eight of this act;
(iii) the respondent in any proceeding under part three of article six
of this act;
(iv) the parent or person legally responsible, foster parent, or other
person having physical or legal custody of the child in any proceeding
under article ten or ten-A of this act or section three hundred
fifty-eight-a, three hundred eighty-four or three hundred eighty-four-b
of the social services law, and a non-custodial parent or grandparent
served with notice pursuant to paragraph (e) of subdivision two of
section three hundred eighty-four-a of the social services law;
(v) the parent of any child seeking custody or contesting the
substantial infringement of his or her right to custody of such child,
in any proceeding before the court in which the court has jurisdiction
to determine such custody;
(vi) any person in any proceeding before the court in which an order
or other determination is being sought to hold such person in contempt
of the court or in willful violation of a previous order of the court,
except for a contempt which may be punished summarily under section
seven hundred fifty-five of the judiciary law;
(vii) the parent of a child in any adoption proceeding who opposes the
adoption of such child.
(viii) the respondent in any proceeding under article five of this act
in relation to the establishment of paternity.
(ix) in a proceeding under article ten-C of this act:
(1) a parent or caretaker as such terms are defined in section one
thousand ninety-two of this act;
(2) an interested adult as such term is defined in section one
thousand ninety-two of this act provided that:
(A) the child alleged to be destitute in the proceeding held pursuant
to article ten-C of this act was removed from the care of such
interested adult;
(B) the child alleged to be destitute in the proceeding held pursuant
to article ten-C of this act resides with the interested adult; or
(C) the child alleged to be destitute in the proceeding held pursuant
to article ten-C of this act resided with such interested adult
immediately prior to the filing of the petition under article ten-C of
this act;
(3) any interested adult as such term is defined in section one
thousand ninety-two of this act or any person made a party to the
article ten-C proceeding pursuant to subdivision (c) of section one
thousand ninety-four of this act for whom the court orders counsel
appointed pursuant to subdivision (d) of section one thousand
ninety-four of this act.
(b) Assignment of counsel in other cases. In addition to the cases
listed in subdivision (a) of this section, a judge may assign counsel to
represent any adult in a proceeding under this act if he determines that
such assignment of counsel is mandated by the constitution of the state
of New York or of the United States, and includes such determination in
the order assigning counsel;
(c) Implementation. Any order for the assignment of counsel issued
under this part shall be implemented as provided in article eighteen-B
of the county law.
persons described below in this subdivision has the right to the
assistance of counsel. When such person first appears in court, the
judge shall advise such person before proceeding that he or she has the
right to be represented by counsel of his or her own choosing, of the
right to have an adjournment to confer with counsel, and of the right to
have counsel assigned by the court in any case where he or she is
financially unable to obtain the same:
(i) the respondent in any proceeding under article ten or ten-A of
this act and the petitioner in any proceeding under part eight of
article ten of this act;
(ii) the petitioner and the respondent in any proceeding under article
eight of this act;
(iii) the respondent in any proceeding under part three of article six
of this act;
(iv) the parent or person legally responsible, foster parent, or other
person having physical or legal custody of the child in any proceeding
under article ten or ten-A of this act or section three hundred
fifty-eight-a, three hundred eighty-four or three hundred eighty-four-b
of the social services law, and a non-custodial parent or grandparent
served with notice pursuant to paragraph (e) of subdivision two of
section three hundred eighty-four-a of the social services law;
(v) the parent of any child seeking custody or contesting the
substantial infringement of his or her right to custody of such child,
in any proceeding before the court in which the court has jurisdiction
to determine such custody;
(vi) any person in any proceeding before the court in which an order
or other determination is being sought to hold such person in contempt
of the court or in willful violation of a previous order of the court,
except for a contempt which may be punished summarily under section
seven hundred fifty-five of the judiciary law;
(vii) the parent of a child in any adoption proceeding who opposes the
adoption of such child.
(viii) the respondent in any proceeding under article five of this act
in relation to the establishment of paternity.
(ix) in a proceeding under article ten-C of this act:
(1) a parent or caretaker as such terms are defined in section one
thousand ninety-two of this act;
(2) an interested adult as such term is defined in section one
thousand ninety-two of this act provided that:
(A) the child alleged to be destitute in the proceeding held pursuant
to article ten-C of this act was removed from the care of such
interested adult;
(B) the child alleged to be destitute in the proceeding held pursuant
to article ten-C of this act resides with the interested adult; or
(C) the child alleged to be destitute in the proceeding held pursuant
to article ten-C of this act resided with such interested adult
immediately prior to the filing of the petition under article ten-C of
this act;
(3) any interested adult as such term is defined in section one
thousand ninety-two of this act or any person made a party to the
article ten-C proceeding pursuant to subdivision (c) of section one
thousand ninety-four of this act for whom the court orders counsel
appointed pursuant to subdivision (d) of section one thousand
ninety-four of this act.
(b) Assignment of counsel in other cases. In addition to the cases
listed in subdivision (a) of this section, a judge may assign counsel to
represent any adult in a proceeding under this act if he determines that
such assignment of counsel is mandated by the constitution of the state
of New York or of the United States, and includes such determination in
the order assigning counsel;
(c) Implementation. Any order for the assignment of counsel issued
under this part shall be implemented as provided in article eighteen-B
of the county law.