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Family Court Did Not Inform Respondent of His Rights and Did Not Conduct an Adequate Colloquy—PINS Adjudication Reversed

The Third Department reversed respondent’s adjudication as a PINS because Family Court did not advise respondent of his rights and the colloquy prior to Family Court’s acceptance of the consent finding was inadequate:

Family Court erred by failing to advise respondent of his rights. Pursuant to statute, at the initial appearance and at the commencement of any hearing concerning a PINS petition, Family Court must advise the respondent and his or her parent of the respondent’s rights to remain silent and to be represented by counsel of his or her choosing or an assigned attorney (see Family Ct Act § 741 [a]…). Here, the court did not mention these rights at the first appearance on the PINS petition, at which time the court accepted respondent’s consent to a PINS finding, nor at the dispositional hearing. The court’s failure to advise respondent of these rights constitutes reversible error … . Additionally, the court’s colloquy prior to accepting that consent finding was inadequate; respondent merely answered “[y]es” when asked if he had a basic understanding of the proceeding and if he consented to a PINS finding, without any further discussion. To ensure that a PINS admission is knowingly and intelligently entered into, in a proper colloquy “[t]he respondent should at least state and admit the precise act, or acts, which constitutes the admission, and should be made aware on the record of the consequences, the dispositional alternatives, and the waiver of specific rights,” as well as give an assurance of the lack of coercion and that he or she consulted with counsel (Merril Sobie, Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act § 741 at 98…). Due to the inadequate colloquy and lack of advisement of rights, reversal is required, respondent’s adjudication as a PINS is vacated and the matter is returned to the preadmission stage. Matter of Aaron UU …, 2015 NY Slip Op 01505, 3rd Dept 2-19-15

 

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