Section 403-A. Proceedings for the commitment of the guardianships and custody of infants; appointment of guardians ad litem 1  


Latest version.
  • The court shall appoint a guardian ad litem to represent an infant
      in a proceeding for the commitment of the guardianship  and  custody  of
      such  infant  brought pursuant to section three hundred eighty-four-b of
      the social services law or in a proceeding  where  a  revocation  of  an
      adoption  consent  is opposed under section one hundred fifteen-b of the
      domestic relations law.
        2. As used in this section, "guardian ad litem" refers to an  attorney
      admitted  to  practice law in the state of New York and designated under
      this section to represent infants in proceedings for the  commitment  of
      the  guardianship and custody of such infant brought pursuant to section
      three hundred eighty-four-b of the social services law.
        3. (a) The office of court administration may enter into an  agreement
      with  a  legal aid society for the society to provide guardians ad litem
      for the surrogate's court in proceedings  brought  pursuant  to  section
      three  hundred  eighty-four-b  of  the  social  services law in a county
      having a legal aid society.
        (b) The appellate division of  the  supreme  court  for  the  judicial
      department  in  which  a  county is located may enter into an agreement,
      subject to regulations as may be promulgated by the administrative board
      of the judicial conference, with any qualified attorney or attorneys  to
      serve  as  guardian ad litem for the surrogate's court in that county in
      proceedings brought pursuant to section three hundred  eighty-four-b  of
      the social services law.
        (c)  The  appellate  division  of  the  supreme court for the judicial
      department in which a  county  is  located  may  designate  a  panel  of
      guardians  ad  litem  for  the  surrogate's  court  in  that  county  in
      proceedings brought pursuant to section three hundred  eighty-four-b  of
      the  social  services law, subject to the approval of the administrative
      board of the judicial conference. For this purpose, it may invite a  bar
      association  to  recommend  qualified  persons for consideration by such
      appellate division in making its designation, subject  to  standards  as
      may be promulgated by such administrative board.
        4.  (a) An agreement pursuant to paragraph (a) of subdivision three of
      this section may be terminated by the office of court administration  by
      serving  a  notice on the society sixty days prior to the effective date
      of the termination.
        (b) No designations pursuant to paragraph (c) of subdivision three  of
      this  section  may  be  for a term of more than one year, but successive
      designations may be made. The appellate division proceeding pursuant  to
      such  paragraph  (c)  may at any time increase or decrease the number of
      guardians ad  litem  designated  in  any  county  and  may  rescind  any
      designation  at any time, subject to the approval of the office of court
      administration.
        5. (a) If the office of  court  administration  proceeds  pursuant  to
      paragraph  (a) of subdivision three of this section, the agreement shall
      provide that the society  shall  be  reimbursed  on  a  cost  basis  for
      services  rendered  under  the  agreement. The agreement shall contain a
      general plan for the organization and  operation  of  the  providing  of
      guardians  ad litem by the respective legal aid society, approved by the
      administrative board, and the office of court administration may require
      such reports as it deems necessary from the society.
        (b) If an appellate division proceeds pursuant to paragraph (b) or (c)
      of subdivision three of  this  section,  guardians  ad  litem  shall  be
      compensated  and  allowed expenses and disbursements in the same amounts
      established by section seven hundred twenty-two-b of the county law.
    
        6. The administrative board of the judicial conference  may  prescribe
      standards  for  the  exercise  of  the  powers  granted to the appellate
      divisions under this section and may require such reports  as  it  deems
      desirable.
        7.  The cost of guardians ad litem under this section shall be payable
      by the state of New York within the amounts appropriated therefor.
        8. Upon an appeal in a proceeding brought pursuant  to  section  three
      hundred  eighty-four-b  of  the  social services law, the court to which
      such appeal is taken, or is to be taken, shall  appoint  a  guardian  ad
      litem to represent the infant, in accordance with the provisions of this
      section.