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S T A T E O F N E W Y O R K
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8197
2025-2026 Regular Sessions
I N S E N A T E
May 20, 2025
___________
Introduced by Sen. BRISPORT -- (at request of the Unified Court System)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Children and Families
AN ACT to amend the family court act, in relation to the right to coun-
sel in proceedings regarding violations of orders of child support and
to establish paternity or parentage in the family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 249 of the family court act, as
amended by chapter 3 of the laws of 2012, is amended to read as follows:
(a) In a proceeding under article three, seven, ten, ten-A or ten-C of
this act or where a MINOR IS A PARTY IN A PROCEEDING IN ACCORDANCE WITH
ARTICLES FOUR, FIVE OR FIVE-B OF THIS ACT OR WHERE A revocation of an
adoption consent is opposed under section one hundred fifteen-b of the
domestic relations law or in any proceeding under section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four
or three hundred eighty-four-b of the social services law or when a
minor is sought to be placed in protective custody under section one
hundred fifty-eight of this act or in any proceeding where a minor is
detained under or governed by the interstate compact for juveniles
established pursuant to section five hundred one-e of the executive law,
the family court shall appoint an attorney to represent a minor who is
the subject of the proceeding or who is sought to be placed in protec-
tive custody, if independent legal representation is not available to
such minor. In any proceeding to extend or continue the placement of a
juvenile delinquent or person in need of supervision pursuant to section
seven hundred fifty-six or 353.3 of this act or any proceeding to extend
or continue a commitment to the custody of the commissioner of mental
health or the commissioner of people with developmental disabilities
pursuant to section 322.2 of this act, the court shall not permit the
respondent to waive the right to be represented by counsel chosen by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08852-01-5
S. 8197 2
respondent, respondent's parent, or other person legally responsible for
the respondent's care, or by assigned counsel. In any proceeding under
article ten-B of this act, the family court shall appoint an attorney to
represent a youth, under the age of twenty-one, who is the subject of
the proceeding, if independent legal representation is not available to
such youth. In any other proceeding in which the court has jurisdiction,
the court may appoint an attorney to represent the child, when, in the
opinion of the family court judge, such representation will serve the
purposes of this act, if independent legal counsel is not available to
the child. The family court on its own motion may make such appointment.
§ 2. Subdivision (a) of section 249 of the family court act, as
amended by chapter 672 of the laws of 2019, is amended to read as
follows:
(a) In a proceeding under article three, seven, ten, ten-A or ten-C of
this act or where a MINOR IS A PARTY IN A PROCEEDING IN ACCORDANCE WITH
ARTICLES FOUR, FIVE OR FIVE-B OF THIS ACT OR WHERE A revocation of an
adoption consent is opposed under section one hundred fifteen-b of the
domestic relations law or in any proceeding under section three hundred
fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four
or three hundred eighty-four-b of the social services law or when a
minor is sought to be placed in protective custody under section one
hundred fifty-eight of this act, the family court shall appoint an
attorney to represent a minor who is the subject of the proceeding or
who is sought to be placed in protective custody, if independent legal
representation is not available to such minor. In any proceeding to
extend or continue the placement of a juvenile delinquent or person in
need of supervision pursuant to section seven hundred fifty-six or 353.3
of this act or any proceeding to extend or continue a commitment to the
custody of the commissioner of mental health or the commissioner of the
office for people with developmental disabilities pursuant to section
322.2 of this act, the court shall not permit the respondent to waive
the right to be represented by counsel chosen by the respondent,
respondent's parent, or other person legally responsible for the
respondent's care, or by assigned counsel. In any proceeding under arti-
cle ten-B of this act, the family court shall appoint an attorney to
represent a youth, under the age of twenty-one, who is the subject of
the proceeding, if independent legal representation is not available to
such youth. In any other proceeding in which the court has jurisdiction,
the court may appoint an attorney to represent the child, when, in the
opinion of the family court judge, such representation will serve the
purposes of this act, if independent legal counsel is not available to
the child. The family court on its own motion may make such appointment.
§ 3. Paragraphs (vi) and (viii) of subdivision (a) of section 262 of
the family court act, paragraph (vi) as added by chapter 682 of the laws
of 1975 and paragraph (viii) as added by chapter 456 of the laws of
1978, are amended to read as follows:
(vi) [any person] ALL PARTIES in any proceeding before the court in
which an order or other determination is being sought to hold [such
person] A PARTY OR PARTIES 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;
(viii) [the respondent] ALL PARTIES in any proceeding TO ESTABLISH
PATERNITY OR PARENTAGE under article five, FIVE-B, OR FIVE-C OF THIS
ACT, AND ALL NOTICED PERSONS WHO INTERVENE IN PROCEEDINGS UNDER ARTICLE
FIVE-C of this act [in relation to the establishment of paternity].
S. 8197 3
§ 4. Subdivisions (a) and (b) of section 453 of the family court act,
subdivision (a) as amended by chapter 343 of the laws of 2009 and subdi-
vision (b) as added by chapter 456 of the laws of 1978, are amended to
read as follows:
(a) Persons who may originate and prosecute proceedings. The original
petitioner, the support collection unit on behalf of persons in receipt
of public assistance or in receipt of services pursuant to section one
hundred eleven-g of the social services law, or any person to whom the
order is payable expressly or who may originate proceedings under
section four hundred twenty-two of this article may originate and prose-
cute a proceeding under this part. IF THE PROCEEDING IS COMMENCED BY A
PERSON TO WHOM THE ORDER IS PAYABLE OR BY ANY OTHER PERSON WHO MAY ORIG-
INATE PROCEEDINGS UNDER SECTION FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE,
SUCH PERSON SHALL HAVE A RIGHT TO COUNSEL UNDER SECTION TWO HUNDRED
SIXTY-TWO OF THIS ACT, INCLUDING THE RIGHT TO APPOINTED COUNSEL IF SUCH
PERSON IS FINANCIALLY UNABLE TO OBTAIN COUNSEL, OR, IF SUCH PERSON IS A
MINOR, A RIGHT TO AN ATTORNEY FOR THE CHILD UNDER SECTION TWO HUNDRED
FORTY-NINE OF THIS ACT.
(b) Issuance of summons. Upon the filing of a petition under this
part, the court may cause a copy of the petition and a summons to be
issued, requiring the respondent to show cause why [he] THE RESPONDENT
should not be dealt with in accordance with section four hundred fifty-
four of this part. The summons shall include on its face, printed or
typewritten in a size equal to at least eight point bold type, a notice,
warning the respondent that a failure to appear in court may result in
immediate arrest, and that, after an appearance in court, a finding that
the respondent willfully failed to obey the order may result in commit-
ment to jail for a term not to exceed six months, for contempt of court.
The notice shall also advise the respondent of the right to counsel, and
the right to assigned counsel UNDER SECTION TWO HUNDRED SIXTY-TWO OF
THIS ACT, if [indigent] FINANCIALLY UNABLE TO AFFORD COUNSEL OR, IF SUCH
PERSON IS A MINOR, A RIGHT TO APPOINTMENT OF AN ATTORNEY FOR THE CHILD
UNDER SECTION TWO HUNDRED FORTY-NINE OF THIS ACT.
§ 5. Section 522 of the family court act, as amended by chapter 892 of
the laws of 1986, is amended to read as follows:
§ 522. Persons who may originate proceedings. Proceedings to establish
the paternity of the child and to compel support under this article may
be commenced by the mother, whether a minor or not, by a person alleging
to be the father, whether a minor or not, by the child or child's guard-
ian or other person standing in a parental relation or being the next of
kin of the child, or by any authorized representative of an incorporated
society doing charitable or philanthropic work, or if the mother or
child is or is likely to become a public charge on a county, city or
town, by a public welfare official of the county, city or town where the
mother resides or the child is found. If a proceeding is originated by a
public welfare official and thereafter withdrawn or dismissed without
consideration on the merits, such withdrawal or dismissal shall be with-
out prejudice to other persons. IF THE PROCEEDING IS COMMENCED BY A
PARENT OR ALLEGED PARENT, SUCH PERSON SHALL HAVE A RIGHT TO COUNSEL
UNDER SECTION TWO HUNDRED SIXTY-TWO OF THIS ACT, INCLUDING THE RIGHT TO
APPOINTED COUNSEL IF SUCH PERSON IS FINANCIALLY UNABLE TO OBTAIN COUN-
SEL. IF SUCH PERSON IS A MINOR, SUCH PERSON SHALL HAVE A RIGHT TO
APPOINTMENT OF AN ATTORNEY FOR THE CHILD PURSUANT TO SECTION TWO HUNDRED
FORTY-NINE OF THIS ACT.
S. 8197 4
§ 6. Subdivision (b) of section 524 of the family court act, as
amended by chapter 398 of the laws of 1997, is amended to read as
follows:
(b) The summons shall contain or have attached thereto a notice stat-
ing: (i) that the respondent's failure to appear shall result in the
default entry of an order of filiation by the court upon proof of
respondent's actual notice of the commencement of the proceeding; and
(ii) that a respondent's failure to appear may result in the suspension
of [his or her] THE RESPONDENT'S driving privileges; state professional,
occupational and business licenses; and sporting licenses and permits;
AND (III) THAT THE RESPONDENT HAS A RIGHT TO COUNSEL UNDER SECTION TWO
HUNDRED SIXTY-TWO OF THIS ACT, IF FINANCIALLY UNABLE TO AFFORD COUNSEL
OR, IF SUCH PERSON IS A MINOR, A RIGHT TO APPOINTMENT OF AN ATTORNEY FOR
THE CHILD UNDER SECTION TWO HUNDRED FORTY-NINE OF THIS ACT.
§ 7. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
(a) of section 249 of the family court act made by section one of this
act shall be subject to the expiration and reversion of such subdivision
pursuant to section 8 of chapter 29 of the laws of 2011, as amended,
when upon such date the provisions of section two of this act shall take
effect.Every fact on this page links to its source, starting with the official bill record.