Family Court Act Article 2: Attorneys for Children and Counsel for Indigent Adults Study Notes

Flashcards covering Administrative rules, Support Bureau duties, Attorneys for Children, Auxiliary Services, and Counsel for Indigent Adults under Article 2 of the Family Court Act.

FCA 212

The section stating that an administrative board shall prepare rules of the court as authorized and required by the FCA, applying statewide when practicable.

FCA 213

The requirement for reports to the administrative board, legislature, and governor regarding statistics such as the number of children removed, placements, and children detained or released.

FCA 214

The section granting the Chief administrator power to prescribe forms and electronic filing procedures, which must be uniform statewide.

September 1, 2027

The date on which the authority to prescribe Family Court forms switches from the Chief administrator to the State Administrator.

FCA 216-a

The requirement that there must be a clerk of court in each county.

FCA 216-c

Specifies that for unrepresented persons, petitions shall contain all allegations indicated by the person, though this section does not apply to juvenile delinquency proceedings.

FCA 217 Filing Requirement

The court shall file or direct the filing of an order within $20$ days of the decision or the date on which an order is settled on notice.

Support Collection Unit (SCU)

Established under FCA 221, this unit may collect, enforce, and seek modification of orders of support.

FCA 228

Mandates cooperation by banks and other fiduciary institutions to report information relative to funds deposited by a petitioner or respondent when requested by the court.

FCA 229

Mandates cooperation by employers to report full information regarding the earnings of a petitioner or respondent when requested by the court.

Attorney for Children

An attorney admitted in NYS and designated to represent minors as per FCA 249.

AFC Termination Notice

The OCA may terminate an attorney for children agreement by serving notice on the legal aid society $60$ days prior to the date of termination.

FCA 249

The court shall appoint an attorney to represent a minor in proceedings under FCA 3, 7, 10, 10-B, and 10-C if independent legal representation is unavailable.

FCA 251

Grants the Family Court authority to order medical, psychiatric, or psychological examinations for any person under its jurisdiction after a petition is filed.

Psychiatric Remand Period

Remands for psychiatric examinations are generally for a period not exceeding $30$ days.

FCA 252

Requires each county's Family Court to have a probation service, which may include volunteer probation officers who meet the same qualifications as paid officers.

Probation Investigation Fee

A fee ranging from $50$ to $500$ that counties may charge for conducting investigations as per FCA 653, based on the party's ability to pay.

FCA 254

Allows the court to request the Corporation Counsel of New York City or the appropriate County Attorney to present and support a petition.

Designated Felony Acts Agreement

Under FCA 254-a, the district attorney may agree to present cases involving designated felony acts, subject to approval by the NYC Mayor or County Executive.

FCA 255

Allows the Family Court to order state, county, municipal, and school district officers to provide assistance and cooperation within their legal authority.

FCA 262

Outlines the right to counsel for indigent adults, requiring the judge to advise them of their right to counsel of choice, an adjournment, or court-assigned counsel.

Respondent in Article 5

A person entitled to the assignment of counsel under FCA 262 regarding the establishment of paternity if they are financially unable to obtain an attorney.