§ 741. Notice of rights; general provision. (a) At the initial\nappearance of a respondent in a proceeding and at the commencement of\nany hearing under this article, the respondent and his or her parent or\nother person legally responsible for his or her care shall be advised of\nthe respondent's right to remain silent and of the respondent's right to\nbe represented by counsel chosen by him or her or his or her parent or\nother person legally responsible for his or her care, or by an attorney\nassigned by the court under part four of article two. Provided, however,\nthat in the event of the failure of the respondent's parent or other\nperson legally responsible for his or her care to appear, after\nreasonable and substantial effort has been made to notify such parent or\nresponsible person of the commencement of the proceeding and such\ninitial appearance, the court shall appoint an attorney for the\nrespondent and shall, unless inappropriate also appoint a guardian ad\nlitem for such respondent, and in such event, shall inform the\nrespondent of such rights in the presence of such attorney and any\nguardian ad litem.\n (b) The general public may be excluded from any hearing under this\narticle and only such persons and the representatives of authorized\nagencies admitted thereto as have a direct interest in the case.\n (c) At any hearing under this article, the court shall not be\nprevented from proceeding by the absence of the respondent's parent or\nother person responsible for his or her care if reasonable and\nsubstantial effort has been made to notify such parent or responsible\nperson of the occurrence of the hearing and if the respondent and his or\nher attorney are present. The court shall, unless inappropriate, also\nappoint a guardian ad litem who shall be present at such hearing and any\nsubsequent hearing.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.