N.Y. SCP Law § 403-A — New York Code / Act SCP / Article 4 / Section 403-A
Proceedings for the commitment of the guardianships and custody of infants; appointment of guardians ad litem 1
Status: in_force

§ 403-a. Proceedings for the commitment of the guardianships and custody\n           of infants; appointment of guardians ad litem\n  1. The court shall appoint a guardian ad litem to represent an infant\nin a proceeding for the commitment of the guardianship and custody of\nsuch infant brought pursuant to section three hundred eighty-four-b of\nthe social services law or in a proceeding where a revocation of an\nadoption consent is opposed under section one hundred fifteen-b of the\ndomestic relations law.\n  2. As used in this section, "guardian ad litem" refers to an attorney\nadmitted to practice law in the state of New York and designated under\nthis section to represent infants in proceedings for the commitment of\nthe guardianship and custody of such infant brought pursuant to section\nthree hundred eighty-four-b of the social services law.\n  3. (a) The office of court administration may enter into an agreement\nwith a legal aid society for the society to provide guardians ad litem\nfor the surrogate's court in proceedings brought pursuant to section\nthree hundred eighty-four-b of the social services law in a county\nhaving a legal aid society.\n  (b) The appellate division of the supreme court for the judicial\ndepartment in which a county is located may enter into an agreement,\nsubject to regulations as may be promulgated by the administrative board\nof the judicial conference, with any qualified attorney or attorneys to\nserve as guardian ad litem for the surrogate's court in that county in\nproceedings brought pursuant to section three hundred eighty-four-b of\nthe social services law.\n  (c) The appellate division of the supreme court for the judicial\ndepartment in which a county is located may designate a panel of\nguardians ad litem for the surrogate's court in that county in\nproceedings brought pursuant to section three hundred eighty-four-b of\nthe social services law, subject to the approval of the administrative\nboard of the judicial conference. For this purpose, it may invite a bar\nassociation to recommend qualified persons for consideration by such\nappellate division in making its designation, subject to standards as\nmay be promulgated by such administrative board.\n  4. (a) An agreement pursuant to paragraph (a) of subdivision three of\nthis section may be terminated by the office of court administration by\nserving a notice on the society sixty days prior to the effective date\nof the termination.\n  (b) No designations pursuant to paragraph (c) of subdivision three of\nthis section may be for a term of more than one year, but successive\ndesignations may be made. The appellate division proceeding pursuant to\nsuch paragraph (c) may at any time increase or decrease the number of\nguardians ad litem designated in any county and may rescind any\ndesignation at any time, subject to the approval of the office of court\nadministration.\n  5. (a) If the office of court administration proceeds pursuant to\nparagraph (a) of subdivision three of this section, the agreement shall\nprovide that the society shall be reimbursed on a cost basis for\nservices rendered under the agreement. The agreement shall contain a\ngeneral plan for the organization and operation of the providing of\nguardians ad litem by the respective legal aid society, approved by the\nadministrative board, and the office of court administration may require\nsuch reports as it deems necessary from the society.\n  (b) If an appellate division proceeds pursuant to paragraph (b) or (c)\nof subdivision three of this section, guardians ad litem shall be\ncompensated and allowed expenses and disbursements in the same amounts\nestablished by section seven hundred twenty-two-b of the county law.\n  6. The administrative board of the judicial conference may prescribe\nstandards for the exercise of the powers granted to the appellate\ndivisions under this section and may require such reports as it deems\ndesirable.\n  7. The cost of guardians ad litem under this section shall be payable\nby the state of New York within the amounts appropriated therefor.\n  8. Upon an appeal in a proceeding brought pursuant to section three\nhundred eighty-four-b of the social services law, the court to which\nsuch appeal is taken, or is to be taken, shall appoint a guardian ad\nlitem to represent the infant, in accordance with the provisions of this\nsection.\n