N.Y. Executive Law Section 501-H
Detention and appointment of an attorney for the child in proceedings involving youth governed by the interstate compact for juveniles


1.

If a youth is detained under the interstate compact for juveniles established pursuant to § 501-E (Interstate compact for juveniles)section five hundred one-e of this article, he or she shall be brought before the appropriate court within seventy-two hours or the next day the court is in session, whichever is sooner, and shall be advised by the judge of his or her right to remain silent, his or her right to be represented by counsel of his or her own choosing, and of the right to have an attorney assigned in accord with, as applicable, section two hundred forty-nine of the family court act or article eighteen-B of the county law. The youth shall be allowed a reasonable time to retain counsel, contact his or her parents or other person or persons legally responsible for his or her care or an adult with whom the youth has a significant connection, and the judge may adjourn the proceedings for such purposes. Provided, however, that nothing in this section shall be deemed to require a youth to contact his or her parents or other person or persons legally responsible for his or her care. Provided further, however, that counsel shall be assigned immediately, and continue to represent the youth until any retained counsel appears. The court shall schedule a court appearance for the youth no later than ten days after the initial court appearance, and every ten days thereafter, while the youth is detained pursuant to the interstate compact for juveniles unless any such appearance is waived by the attorney for the child.

2.

All youth subject to proceedings governed by the interstate compact for juveniles established pursuant to § 501-E (Interstate compact for juveniles)section five hundred one-e of this article shall be appointed an attorney pursuant to, as applicable, section two hundred forty-nine of the family court act or article eighteen-B of the county law if independent legal representation is not available to such youth. * NB Repealed September 1, 2025

Source: Section 501-H — Detention and appointment of an attorney for the child in proceedings involving youth governed by the interstate compact for juveniles, https://www.­nysenate.­gov/legislation/laws/EXC/501-H (updated Apr. 24, 2020; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Apr. 24, 2020

§ 501-H’s source at nysenate​.gov

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