{"jurisdiction": "us-ny", "code": "scpa", "section": "407", "citation": "SCPA § 407", "heading": "Assignment of counsel for indigent persons 1", "text": ["§ 407. Assignment of counsel for indigent persons", "1. (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 surrogate shall advise such person before proceeding that he has the right to be represented by counsel of his own choosing, of his right to have an adjournment to confer with counsel, and of his right to have counsel assigned by the court in any case where he is financially unable to obtain the same;", "(i)  the respondent in any proceeding under section three hundred eighty-four-b of the social services law;", "(ii) the respondent in any proceeding for the approval of a surrender instrument under section three hundred eighty-four of the social services law;", "(iii) the parent of a child in any adoption proceeding who opposes the adoption of such child;", "(iv) 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;", "(v) any of the above persons upon an appeal in any of the above proceedings.", "(b) In addition to the cases listed in paragraph (a) of this subdivision, 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 this state or of the United States, and includes such determination in the order assigning counsel.", "2.  Any order for the assignment of counsel issued under this section shall be implemented as provided in article eighteen-B of the county law."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/407", "from_official_api": true, "plain_english": "Certain people have a **right to counsel**, and the surrogate must explain that right when they first appear.\n- **(1)(a)** **Before proceeding at the person’s first court appearance**, the surrogate must advise the person of the **right to chosen counsel, an adjournment to consult counsel, and court-assigned counsel if financially unable to obtain counsel**. ★ This covers respondents in proceedings under Social Services Law § 384-b or for approval of a surrender instrument under § 384, a parent opposing the child’s adoption, a parent seeking custody or contesting a substantial infringement of custody rights, and any of these persons on appeal.\n- **(1)(b)** A judge may **assign counsel to any adult** in an SCPA proceeding when the state or federal constitution requires it and the assignment order states that determination.\n- **(2)** An assignment order **must be carried out under County Law article 18-B**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/407", "publisher": "Elyphived LLC"}