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Family Court Act § 1090 · Article 10-A. Permanency Hearings For Children Placed Out of Their Homes

Representation of parties

Verbatim from the official edition

Text — Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)

§ 1090. Representation of parties. (a) If an attorney for the child has been appointed by the family court in a proceeding pursuant to this article or 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 article ten, ten-B or ten-C of this act, the appointment of the attorney for the child shall continue without further court order or appointment, unless another appointment of an attorney for the child has been made by the court, until the child is discharged from placement and all orders regarding supervision, protection or services have expired. The attorney for the child shall also represent the child without further order or appointment in any proceedings under article ten-B or ten-C of this act. The attorney for the child shall also represent the child without further order or appointment in any proceeding brought by a youth who was formerly in foster care to enforce orders that were made prior to such child's discharge from care when such child was between the ages of eighteen and twenty-one. All notices, reports and motions required by law shall be provided to such attorney. The attorney for the child may be relieved of their representation upon application to the court for termination of the appointment. Upon approval of the application, the court shall immediately appoint another attorney to whom all notices, reports, and motions required by law shall be provided.

(b) The appointment of an attorney for the respondent parent or parents pursuant to section two hundred sixty-two of this act shall continue without further order of the court. The appointment shall expire upon the expiration of the time for appeal of an order of disposition against the respondent parent committing custody and guardianship of the child pursuant to section three hundred eighty-four-b of the social services law or upon final determination of any appeal or subsequent appeals authorized by law, or upon entry of an order approving a surrender pursuant to the provisions of section three hundred eighty-three-c of the social services law. All notices, reports and motions required by law shall be served upon the attorney for the respondent parent or parents. The attorney may be relieved of his or her representation upon application to the court for termination of the appointment. If the application is approved, the court shall immediately appoint another attorney for the respondent parent or parents pursuant to section two hundred sixty-two of this act upon whom all notices, reports, and motions required by law shall be provided.

Source of truth

Edition
Law content up to date as of August 21, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/FCT1090
Text hash
sha256 89f913fb5717f0d1ac7b84da721e182c956b0f2e2ae9c2f64b42559f7221063e
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.