We write to correct significant inaccuracies in the recent commentary about the legal options for adolescents who are the subject of custody and child protective proceedings. (NYLJ, 3/8/2022: Are There Legal Options for an Adolescent Who Says, ‘My GAL Doesn’t Speak for Me?)

The authors seem not to know the current state of the law in New York and appear to be unfamiliar with the NYS Bar Association’s Standards on the Representation of Children. In New York, the assignment of a court-appointed Attorney for the Child (AFC) is statutorily mandated (not an “option”) for every subject-child in every child protective proceeding. Moreover, these young people have the right to be present at these proceedings. The authors also seem unaware that the Rules of the Chief Judge are a national guidepost that recognizes the role of the AFC as an attorney bound to zealously advocate their client’s expressed wishes, except in the most extraordinary circumstances where there is lack of capacity or substantial risk of imminent, serious harm to the child. 22NYCRR §7.2(b).

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