Section 249. Appointment of law guardian  


Latest version.
  • (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.