New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1033-b. Initial appearance; procedures. 1. (a) At the initial
appearance, the court shall appoint an attorney to represent the
interests of any child named in a petition who is alleged to be abused
or neglected, unless an attorney has already been appointed for such
child pursuant to section one thousand sixteen of this act.
(b) At the initial appearance, the court shall advise the respondent
of the allegations in the petition and further advise the respondent of
the right to an adjournment of the proceeding in order to obtain
counsel. The recitation of such rights shall not be waived except that
the recitation of the allegations in the petition may be waived upon the
consent of the counsel for the respondent and such counsel's
representation on the record that he or she has explained such
allegations to the respondent and has provided the respondent with a
copy of the petition and the respondent's acknowledgement of receipt of
the petition and such explanation.
(c) At the initial appearance, the court shall appoint counsel for
indigent respondents pursuant to section two hundred sixty-two of this
act.
(d) In any case where a child has been removed, the court shall advise
the respondent of the right to a hearing, pursuant to section ten
hundred twenty-eight of this act, for the return of the child and that
such hearing may be requested at any time during the proceeding. The
recitation of such rights shall not be waived.
(e) At the initial appearance, the court shall inquire of the child
protective agency whether such agency intends to prove that the child is
a severely or repeatedly abused child as defined in subdivision eight of
section three hundred eighty-four-b of the social services law, by clear
and convincing evidence. Where the agency advises the court that it
intends to submit such proof, the court shall so advise the respondent.
