2006 New York Code - Appointment Of Law Guardian.



 
    §  249. Appointment of law guardian. (a) In a proceeding under article
  three, seven, ten or ten-A 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  a  law
  guardian  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
  mental  retardation  and  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  a  law guardian. In any other proceeding in
  which the court has jurisdiction, the court may appoint a  law  guardian
  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.
    (b)  In  making  an  appointment  of  a  law guardian pursuant to this
  section, the court shall, to the  extent  practicable  and  appropriate,
  appoint  the same law guardian who has previously represented the child.
  Notwithstanding any other  provision  of  law,  in  a  proceeding  under
  article  three  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  counsel  representing  the
  juvenile offender in the criminal proceedings as law guardian.

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