Section 1016. Appointment of law guardian  


Latest version.
  • The court shall appoint a law
      guardian to represent a child who has been allegedly abused or neglected
      upon the earliest occurrence of any of  the  following:  (i)  the  court
      receiving  notice,  pursuant  to  paragraph  (iv)  of subdivision (b) of
      section ten hundred twenty-four of this act, of the emergency removal of
      the child; (ii) an application for an order for  removal  of  the  child
      prior  to  the  filing  of  a petition, pursuant to section one thousand
      twenty-two of this act; or (iii) the filing of a petition alleging abuse
      or neglect pursuant to this article.
        Whenever a law  guardian  has  been  appointed  by  the  family  court
      pursuant  to  section  two hundred forty-nine of this act to represent a
      child in  a  proceeding  under  this  article,  such  appointment  shall
      continue  without further court order or appointment during (i) an order
      of disposition issued by the court  pursuant  to  section  one  thousand
      fifty-two   of   this   article  directing  supervision,  protection  or
      suspending judgment, or any extension thereof; (ii)  an  adjournment  in
      contemplation  of  dismissal  as  provided  for  in section one thousand
      thirty-nine of this article or  any  extension  thereof;  or  (iii)  the
      pendency  of  the  foster care placement ordered pursuant to section one
      thousand fifty-two of this article. All notices and reports required  by
      law  shall  be  provided  to  such  law guardian. Such appointment shall
      terminate upon the expiration of such order, unless another  appointment
      of a law guardian has been made by the court or unless such law guardian
      makes application to the court to be relieved of his or her appointment.
      Upon  approval  of  such  application  to  be  relieved, the court shall
      immediately appoint another law guardian to whom all notices and reports
      required by law shall be provided.
        A  law  guardian  shall  be  entitled  to  compensation  pursuant   to
      applicable  provisions  of law for services rendered up to and including
      disposition of  the  petition.  The  law  guardian  shall,  by  separate
      application,   be   entitled   to  compensation  for  services  rendered
      subsequent to the disposition of the petition.
        Nothing in this section shall be construed to limit the  authority  of
      the court to remove a law guardian from his or her assignment.