{"jurisdiction": "us-ny", "code": "fca", "section": "262", "citation": "FCA § 262", "heading": "Assignment of counsel for indigent persons", "text": ["§ 262. Assignment of counsel for indigent persons. (a) Each of the persons described below in this subdivision has the right to the assistance of counsel. When such person first appears in court, the judge shall advise such person before proceeding that he or she has the right to be represented by counsel of his or her own choosing, of the right to have an adjournment to confer with counsel, and of the right to have counsel assigned by the court in any case where he or she is financially unable to obtain the same:", "(i) the respondent in any proceeding under article ten or ten-A of this act and the petitioner in any proceeding under part eight of article ten of this act;", "(ii) the petitioner and the respondent in any proceeding under article eight of this act;", "(iii) the respondent in any proceeding under part three of article six of this act;", "(iv) the parent or person legally responsible, foster parent, or other person having physical or legal custody of the child in any proceeding under article ten or ten-A of this act or section three hundred fifty-eight-a, three hundred eighty-four or three hundred eighty-four-b of the social services law, and a non-custodial parent or grandparent served with notice pursuant to paragraph (e) of subdivision two of section three hundred eighty-four-a of the social services law;", "(v) the parent of any child seeking custody or contesting the substantial infringement of his or her right to custody of such child, in any proceeding before the court in which the court has jurisdiction to determine such custody;", "(vi) any person in any proceeding before the court in which an order or other determination is being sought to hold such person in contempt of the court or in willful violation of a previous order of the court, except for a contempt which may be punished summarily under section seven hundred fifty-five of the judiciary law;", "(vii) the parent of a child in any adoption proceeding who opposes the adoption of such child.", "(viii) the respondent in any proceeding under article five of this act in relation to the establishment of paternity.", "(ix) in a proceeding under article ten-C of this act:", "(1) a parent or caretaker as such terms are defined in section one thousand ninety-two of this act;", "(2) an interested adult as such term is defined in section one thousand ninety-two of this act provided that:", "(A) the child alleged to be destitute in the proceeding held pursuant to article ten-C of this act was removed from the care of such interested adult;", "(B) the child alleged to be destitute in the proceeding held pursuant to article ten-C of this act resides with the interested adult; or", "(C) the child alleged to be destitute in the proceeding held pursuant to article ten-C of this act resided with such interested adult immediately prior to the filing of the petition under article ten-C of this act;", "(3) any interested adult as such term is defined in section one thousand ninety-two of this act or any person made a party to the article ten-C proceeding pursuant to subdivision (c) of section one thousand ninety-four of this act for whom the court orders counsel appointed pursuant to subdivision (d) of section one thousand ninety-four of this act.", "(b) Assignment of counsel in other cases. In addition to the cases listed in subdivision (a) of this section, a judge may assign counsel to represent any adult in a proceeding under this act if he determines that such assignment of counsel is mandated by the constitution of the state of New York or of the United States, and includes such determination in the order assigning counsel;", "(c) Implementation. Any order for the assignment of counsel issued under this part shall be implemented as provided in article eighteen-B of the county law."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/262", "from_official_api": true, "plain_english": "**(a)** Listed persons have the **right to counsel**; at their **first appearance** the judge must advise them of the right to their own counsel, to an **adjournment to confer**, and to **assigned counsel if they can't afford one.** ★ The list includes:\n- **(i)** respondent in an **Article 10 / 10-A** (abuse/neglect) case, and the petitioner in an Article 10 part-8 case;\n- **(ii)** petitioner **and** respondent in an **Article 8 (family offense)** case; ★\n- **(iii)** respondent in an **Article 6 part-3 (guardianship/custody)** case;\n- **(iv)** the **parent/person legally responsible, foster parent, or custodian** in Article 10/10-A or specified SSL termination proceedings, plus certain noticed noncustodial parents/grandparents;\n- **(v)** a **parent seeking or defending custody** where the court has custody jurisdiction; ★\n- **(vi)** any person facing **contempt / willful violation** of a court order (except summarily punishable contempt under Judiciary Law § 755);\n- **(vii)** a **parent opposing adoption** of the child;\n- **(viii)** the respondent in an **Article 5 paternity** proceeding; ★\n- **(ix)** in **Article 10-C (destitute child)** cases, a parent/caretaker or qualifying interested adult (per § 1092/1094).\n\n**(b)** A judge **may** assign counsel to any other adult if the **constitution requires** it (and says so in the order).\n**(c)** Assigned-counsel orders are implemented under **County Law Article 18-B.** ★\n\n---\n\n**★ Exam hits:**\n- **Clerk duties:** there is a **clerk of court in each county** keeping **records and the seal** (§ 216-a); the clerk **must hand out petition forms on request** (§ 216-b); and **no clerk or probation officer may block anyone from filing a petition immediately** — jurisdiction questions still get filed and referred to the judge (§ 216-c); **JD proceedings are excluded** from § 216-c.\n- **Orders (§ 217):** written and judge-signed; **original filed with the clerk**; **filed within 20 days** of decision (or of settlement if settled on notice); if the clerk serves, the clerk **notes manner/date/person** in the record.\n- **E-filing (§ 214):** **strictly voluntary for the unrepresented** unless they request it; **no e-filed family court paper is online for public inspection**; \"electronic means\" = **CPLR 2103(f).**\n- **Cooperation duties:** **banks (§ 228)** and **employers (§ 229)** must report funds/earnings of parties in **Article 4/5** cases on request.\n- **Attorneys for the child:** appointment is **mandatory** in Article 3/7/10/10-A/10-C (and more) when independent counsel is unavailable (§ 249); panel designations run **≤ 1 year**, OCA agreements terminable on **60 days' notice** (§ 244); a JD/PINS minor is **presumed unable to waive counsel** — rebutted only by **clear and convincing evidence** after counsel is appointed (§ 249-a).\n- **Exams (§ 251):** outpatient by default; **remand for exam ≤ 30 days.** **Probation investigation fee $50–$500**, ability-to-pay based (§ 252-a).\n- **Right to assigned counsel (§ 262):** **both petitioner and respondent** in **Article 8** family-offense cases; respondents in **Article 5 paternity** and **Article 10** abuse/neglect; parents fighting over custody. In **all abuse cases the DA (outside NYC) is a necessary party** (§ 254).\n\n\n---\n*Verbatim statute:* [[FCA - Article 2]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/262", "publisher": "Elyphived LLC"}