In re Deon M.
Opinion of the Court
Pursuant to Family Court Act § 262 (a) (iii), a respondent in a proceeding pursuant to Family Court Act article 6 “has the right to the assistance of counsel . . . The deprivation of a party’s fundamental right to counsel is a denial of due process and requires reversal, without regard to the merits of the unrepresented party’s position” (Matter of Evan F., 29 AD3d 905, 906 [2006]; see Matter of Casey N, 59 AD3d 625, 627 [2009], lv denied 12 NY3d 710 [2009]; Matter of David VV., 25 AD 3d 882, 883-884 [2006]). Although a party may proceed pro se, “[a] court’s decision to permit a party who is entitled to counsel to proceed pro se must be supported by a showing on the record of a knowing, voluntary and intelligent waiver of [the right to counsel]” (David VV., 25 AD3d at 884; see Casey N, 59 AD3d at 627; Matter of Kristin R.H. v Robert E.H., 48 AD3d 1278 [2008]; Evan F., 29 AD3d at 907). In order for the court to ensure that the waiver of the right to counsel is valid, “the court must
Where, as here, the court fails to conduct a searching inquiry, reversal is required (see e.g. Casey N., 59 AD3d at 629-630; Kristin R.H., 48 AD3d at 1279; Evan F., 29 AD3d at 907; David VV., 25 AD3d at 884-885; cf. Matter of Isiah FF., 41 AD3d 900, 901-902 [2007]; Matter of Anthony K., 11 AD3d 748, 749-750 [2004]). We therefore reverse the order and remit the matter to Family Court for a new hearing. Present — Hurlbutt, J.E, Smith, Centra, Green and Pine, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.