Office for the Prevention of Domestic Violence

Law

Summary of New York State Domestic Violence and Related Laws by Subject (beginning from 1995)

Subject Categories

Attorney/Attorneys for the Child
Law Guardian/Attorney for the Child  (A.7805 – B Weinstein/S.5461-B Schneiderman)

Laws passed in 2007 and 2008 began using the new term “attorney for the child,” instead of the old term, "law guardian." This new law substitutes "attorney for the child" wherever law guardians are referenced in the law. This change is intended to more accurately reflect the attorney's role, which is not neutral, and to clarify that the attorney does not function as a mental health professional or mediator, but rather, represents the child.

Signed:  2010 Chapter 41

Effective: April 14, 2010

Amends:  Civil Practice Law and Rules §1101

Domestic Relations Law §§75-f; 76-f; 112-b; 113; 115-b; 240; 254

Executive Law §§503; 508

Judiciary Law §§35; 35-a

Family Court Act – all sections that reference law guardians have been amended 

Public Health Law §§2306; 2782

Social Services Law §§358-a; 372; 383-c; 384; 384-a; 384-b; 409-e; 409-f; 422

Assigned Counsel Rates  (A.2106-B/S.1406-B - Budget Bill)

Increases reimbursement rates for assigned counsel and law guardians. All assigned counsel and law guardian work will be reimbursed at $75 per hour, with the exception of misdemeanor and petty offense cases, which will have a $60 per hour rate. Caps have also been raised.

Signed: 2003 Chapter 62

Effective: rate increase took effect on January 1, 2004

Amends:  Social Services Law §390-d(2)