New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 741. Notice of rights; general provision. (a) At the initial
appearance of a respondent in a proceeding and at the commencement of
any hearing under this article, the respondent and his or her parent or
other person legally responsible for his or her care shall be advised of
the respondent's right to remain silent and of the respondent's right to
be represented by counsel chosen by him or her or his or her parent or
other person legally responsible for his or her care, or by an attorney
assigned by the court under part four of article two. Provided, however,
that in the event of the failure of the respondent's parent or other
person legally responsible for his or her care to appear, after
reasonable and substantial effort has been made to notify such parent or
responsible person of the commencement of the proceeding and such
initial appearance, the court shall appoint an attorney for the
respondent and shall, unless inappropriate also appoint a guardian ad
litem for such respondent, and in such event, shall inform the
respondent of such rights in the presence of such attorney and any
guardian ad litem.
(b) The general public may be excluded from any hearing under this
article and only such persons and the representatives of authorized
agencies admitted thereto as have a direct interest in the case.
(c) At any hearing under this article, the court shall not be
prevented from proceeding by the absence of the respondent's parent or
other person responsible for his or her care if reasonable and
substantial effort has been made to notify such parent or responsible
person of the occurrence of the hearing and if the respondent and his or
her attorney are present. The court shall, unless inappropriate, also
appoint a guardian ad litem who shall be present at such hearing and any
subsequent hearing.
