Section 1033-B. Initial appearance; procedures  


Latest version.
  • 1.  (a)  At the initial
      appearance, the court shall appoint a  law  guardian  to  represent  the
      interests  of  any child named in a petition who is alleged to be abused
      or neglected, unless a law guardian has already been appointed for  such
      child pursuant to section ten hundred sixteen of this act.
        (b)  At  the initial appearance, the court shall advise the respondent
      of the allegations in the petition and further advise the respondent  of
      the  right  to  an  adjournment  of  the  proceeding  in order to obtain
      counsel. The recitation of such rights shall not be waived  except  that
      the recitation of the allegations in the petition may be waived upon the
      consent   of   the   counsel  for  the  respondent  and  such  counsel's
      representation  on  the  record  that  he  or  she  has  explained  such
      allegations  to  the  respondent  and has provided the respondent with a
      copy of the petition and the respondent's acknowledgement of receipt  of
      the petition and such explanation.
        (c)  At  the  initial  appearance, the court shall appoint counsel for
      indigent respondents pursuant to section two hundred sixty-two  of  this
      act.
        (d) In any case where a child has been removed, the court shall advise
      the  respondent  of  the  right  to  a  hearing, pursuant to section ten
      hundred twenty-eight of this act, for the return of the child  and  that
      such  hearing  may  be  requested at any time during the proceeding. The
      recitation of such rights shall not be waived.
        (e) At the initial appearance, the court shall inquire  of  the  child
      protective agency whether such agency intends to prove that the child is
      a severely or repeatedly abused child as defined in subdivision eight of
      section three hundred eighty-four-b of the social services law, by clear
      and  convincing  evidence.  Where  the  agency advises the court that it
      intends to submit such proof, the court shall so advise the respondent.