Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 7. PROCEEDINGS CONCERNING WHETHER A PERSON IS IN NEED OF SUPERVISION |
Part 4. HEARINGS |
Section 741. Notice of rights; general provision
Latest version.
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(a) At the initial appearance of a respondent in a proceeding and at the commencement of any hearing under this article, the respondent and his parent or other person legally responsible for his care shall be advised of the respondent's right to remain silent and of his right to be represented by counsel chosen by him or his parent or other person legally responsible for his care, or by a law guardian assigned by the court under part four of article two. Provided, however, that in the event of the failure of the respondent's parent or other person legally responsible for his care to appear, after reasonable and substantial effort has been made to notify such parent or responsible person of the commencement of the proceeding and such initial appearance, the court shall appoint a law guardian and shall, unless inappropriate also appoint a guardian ad litem for such respondent, and in such event, shall inform the respondent of such rights in the presence of such law guardian and any guardian ad litem. (b) The general public may be excluded from any hearing under this article and only such persons and the representatives of authorized agencies admitted thereto as have a direct interest in the case. (c) At any hearing under this article, the court shall not be prevented from proceeding by the absence of the respondent's parent or other person responsible for his care if reasonable and substantial effort has been made to notify such parent or responsible person of the occurrence of the hearing and if the respondent and his law guardian are present. The court shall, unless inappropriate, also appoint a guardian ad litem who shall be present at such hearing and any subsequent hearing.