What's happening
This bill requires attorneys representing children in family court to receive expanded training, including juvenile delinquency law and ongoing education.
Why it matters
Ensures attorneys representing children are better equipped to handle complex cases. by mandating training in juvenile delinquency law, which broadens their expertise beyond traditional family court issues like custody or visitation.
Prioritizes child-centered advocacy. by requiring both new and veteran attorneys to undergo a minimum of six hours of initial training and ongoing education, helping guarantee that children’s legal representatives stay informed of best practices and legal updates.
Promotes higher standards across the legal profession. by encouraging public defender offices and related agencies to provide state bar-approved, continuing legal education on juvenile delinquency, fostering consistency and quality in child representation throughout New York.
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Who cares
Headline styles
Require Attorney Child Training
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2226
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act, in relation to training requirements for attorneys appointed to represent a child in certain proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs 2 and 3 of subdivision (a) of section 249-b of the family court act, paragraph 2 as added and paragraph 3 as amended by chapter 476 of the laws of 2009, are amended and a new paragraph 4 is added to read as follows:
2. provide for the development of training programs with the input of and in consultation with the state office for the prevention of domestic violence. Such training programs must include an overview of juvenile delinquency law and procedure the dynamics of domestic violence and its effect on victims and on children, and the relationship between such dynamics and the issues considered by the court, including, but not limited to, custody, visitation and child support. Such training programs along with the providers of such training must be approved by the office of court administration following consultation with and input from the state office for the prevention of domestic violence; and
3. require that all attorneys for children, including new and veteran attorneys, receive initial training for a period of six hours and ongoing training as prescribed by the court as provided for in this section[.]; and
4. encourage public defender offices and agencies that provide representation in proceedings under this section to provide training on juvenile delinquency issues that the state bar has approved for continuing legal education credit.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08150-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to training require- ments for attorneys appointed to represent a child in certain proceedings
Purpose
To ensure attorneys appointed to represent children are properly educated in juvenile delinquency matters.
Summary of provisions
Section 1 amends paragraphs 2 and 3 of subdivision (a) of section 249-b of the family court act, paragraph 2 as added and paragraph 3 as amended by chapter 476 of the laws of 2009, and adds a new paragraph 4 providing training programs for attorneys for children must include an overview of juvenile delinquency law and procedure, all attorneys for children must receive initial training for a period of six hours and ongoing training as prescribed by the court, and the court shall encourage public defen- der offices and agencies representing children to provide training on juvenile delinquency issues the state bar has approved for continuing legal education credit.
Section 2 provides this act shall take effect immediately.
Existing law
Training programs for attorneys representing children include domestic violence briefing, but an overview of juvenile delinquency law and procedure is not mandated. The law provides attorneys for children shall receive initial and ongoing training, but the six hour period is not included. Current law does not encourage public defender offices to provide training on juvenile delinquency issues for continuing legal education credit.
Justification
Attorneys rarely receive specialized training in how to provide repre- sentation to clients. Children are unlike any other clients attorneys represent, with highly sensitive needs and a unique set of rules govern- ing their proceedings. This is especially the case when a child is accused of doing wrong. It is therefore important attorneys who repre- sent children are sufficiently trained and stay up to date on juvenile delinquency law, procedure and issues.
Legislative history
03/28/16 Referred to Judiciary
Fiscal implications
Minimal
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.