Provides access to representation for adults in child protective proceedings of the family court who are financially eligible as determined by the chief administrator of the courts; provides access by attorneys for adults and children to records of the statewide registry of child abuse and maltreatment.
Impact
The passage of A08272 could significantly enhance the legal support available to vulnerable populations in New York. By reinforcing the provision of counsel for financially eligible adults involved in child protective services investigations, it serves to elevate the standard of care and due process within the family court system. This initiative is particularly crucial given the emotional and legal complexities present in cases that involve child custody and abuse allegations. Proponents argue that providing legal representation can help ensure fair and just outcomes in these sensitive proceedings.
Summary
Bill A08272 aims to amend the Family Court Act and Social Services Law to ensure that both adults and children involved in family court proceedings have access to legal representation if they are financially unable to obtain counsel. The bill recognizes the fundamental rights at stake in family court, particularly in cases involving child protective proceedings, and seeks to implement the right to assigned counsel for those qualifying under financial criteria established by the chief administrator of the courts. This change is aimed primarily at safeguarding due process rights for individuals who may otherwise face significant challenges navigating the court system without legal support.
Contention
While the bill's intent is largely viewed positively, some debate exists regarding the implementation and allocation of resources for publicly funded legal representation. Critics express concern that the financial implications of expanded legal representation could strain existing court and social services budgets. Furthermore, there may be debates about the criteria used to determine financial eligibility, potentially leading to challenges in consistently applying these standards across diverse cases. Legislative discussions might also explore how to balance this increased legal support with the overall efficiency and efficacy of the family court system.
Provides access to representation for adults in child protective proceedings of the family court who are financially eligible as determined by the chief administrator of the courts; provides access by attorneys for adults and children to records of the statewide registry of child abuse and maltreatment.
Provides for internet access and access to internet-enabled devices to recipients of public assistance and to adults and children in shelters, domestic violence residence programs, and other adult and children residence facilities.
Relates to access to reports of child abuse and maltreatment by criminal justice agencies; requires the office of children and family services to establish a centralized database of reports of child abuse and maltreatment for criminal justice agencies to access in the performance of their duties; defines criminal justice agencies.
Relates to improvements in the state central register of child abuse and maltreatment; allows the central register to receive electronic reports alleging child abuse or maltreatment; provides for a single statewide internet address that all persons, whether mandated by the law or not, may use to send electronic communications alleging child abuse or maltreatment.
Requires that attorneys be available to parents of minors and requires that all interactions with children by child protective services and the administration for children's services are videotaped.
Requires local child protective services to notify appropriate military personnel when a member of the armed forces is the subject of a report of child abuse or maltreatment; allows military law enforcement personnel to inquire of local child protective services whether any member of the armed forces is the subject of an indicated report on file with the statewide central register of child abuse and maltreatment.
Requires local child protective services to notify appropriate military personnel when a member of the armed forces is the subject of a report of child abuse or maltreatment; allows military law enforcement personnel to inquire of local child protective services whether any member of the armed forces is the subject of an indicated report on file with the statewide central register of child abuse and maltreatment.
Establishes the child psychiatry access project; provides that the office of mental hygiene shall establish regional child psychiatry access projects across the state to provide primary care providers with timely access to child psychiatry consultations in order to assist such primary care providers in meeting the mental health needs of the children and adolescents and their families; establishes a gift for the child psychiatry access project on state personal income tax forms, the proceeds from which shall be deposited into a child psychiatry access fund for the funding of such projects.
State government; legal representation of agencies or officials of the executive branch; allow contracts with law firms; fees; records; information submitted to the Attorney General; effective date.
Prohibits certain district attorneys and assistant district attorneys from being able to perform "private practice work" for local government entities that are represented by the district attorney's office. (8/15/10)