Family Court Act, Article 3, Juvenile Delinquency Part 5, § 354.2: Duties of Counsel

When a minor who is between the ages of 7 and 16 is accused of committing a crime, the case is processed not through Criminal Court, but through Family Court. The case is brought to Family Court when the government, referred to as the presentment party, submits a petition to the Family Court alleging that the minor committed acts that if committed by an adult would be a crime. If the Family Court judge agrees, then the minor would be adjudicated to have committed a delinquency act and would be labeled a juvenile delinquent. During the delinquency proceedings, the minor is represented by counsel or a law guardian. If the minor is determined to have committed the acts alleged in the petition and the Family Court judge issues an order of disposition in the case, then the minor's counsel has the duty to inform the minor and his or her parents of the minor's right to appeal. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 354.2, the minor's counsel must:

1. Advise the minor and his or her parent in writing of his right to appeal, the time limitations involved, the manner of instituting an appeal and obtaining a transcript of the testimony and the right to apply for leave to appeal as a poor person if he is unable to pay the cost of an appeal.
2. Explain to the minor and his or her parent the procedures for instituting an appeal, the possible reasons upon which an appeal may be based and the nature and possible consequences of the appellate process.
3. Ascertain whether the minor wishes to appeal and, if so, to serve and file the necessary notice of appeal and if so, to provide notice as required by law.

Example

Allison V. was adjudicated a juvenile delinquent after a fact-finding hearing. It was determined that Allison committed acts that if committed by an adult would be the crimes of robbery in the third degree and criminal possession of stolen property in the fifth degree. The court issued an order of disposition in which respondent was placed on probation for a period of 18 months and ordered to pay restitution in the amount of $400. However, throughout the proceedings Allison vigorously maintained that she had nothing to do with the incident. Under New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 354.2, Allison's counsel must advise her and her parent of her right to appeal and the process for appealing.

Related Statutory Provisions

1. Order of disposition: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 352.2
2. Conditional discharge: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.1
3. Placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.3
4. Transfer of certain juvenile delinquents: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.4
5. Designated felony acts; restrictive placement: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.5
6. Restitution: New York Family Court Act, Article 3, Juvenile Delinquency, Part 5, § 353.6

Family Court Act, Article 3, Child Protective Services, Part 5, § 354.2: Duties of counsel

1. If the court has entered a dispositional order pursuant to § 352.2, it shall be the duty of the respondent's counsel or law guardian to promptly advise such respondent and his parent or other person responsible for his care in writing of his right to appeal to the appropriate appellate division of the supreme court, the time limitations involved, the manner of instituting an appeal and obtaining a transcript of the testimony and the right to apply for leave to appeal as a poor person if he is unable to pay the cost of an appeal. It shall be the further duty of such counsel or law guardian to explain to the respondent and his parent or person responsible for his care the procedures for instituting an appeal, the possible reasons upon which an appeal may be based and the nature and possible consequences of the appellate process.
2. It shall also be the duty of such counsel or law guardian to ascertain whether the respondent wishes to appeal and, if so, to serve and file the necessary notice of appeal.
3. If the respondent has been permitted to waive the appointment of a law guardian pursuant to § two hundred forty-nine-a, it shall be the duty of the court to provide the notice and explanation pursuant to subdivision one and, if the respondent indicates that he wishes to appeal, the clerk of the court shall file and serve the notice of appeal.

New York Juvenile Delinquency Lawyer

If your child is a respondent in a juvenile delinquency proceeding, it is important that he or she is represented by experienced counsel. Should your child be adjudicated to be a juvenile delinquent an order of disposition will be issued. However, your child has the right to appeal the order. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing juvenile clients who have been accused of committing misdemeanors and felonies. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those involved in juvenile delinquency matters in the following locations:

---