OCA-DGCP-057: Attorney for the Child Services

New York State’s Family Court Act (the “Family Court Act”) Section 241 provides that minors who are either respondents to a juvenile defense matter or are the subject of Family Court proceedings or appeals in proceedings originating in the Family Court should be represented by counsel of their own choosing or by an assigned counsel, as it is recognized that children “require the assistance of counsel to help protect their interests and to help them express their wishes to the court.”

In the Family Court, the cost of assigned counsel is borne by the New York State Unified Court System (“UCS”). The UCS meets this obligation through the Attorney for the Child (“AFC”) program, which consists of two parts: (i) panels of attorneys designated by the respective Departments of the Appellate Division; and (ii) institutions that provide Attorney for the Child services (“AFC Services”) under contract with UCS’s Office of Court Administration (“OCA”), The AFC Services is the subject of this solicitation. OCA is authorized to enter into contracts with legal service providers to provide and pay for such assigned counsel AFC Services pursuant to the Family Court Act.

The OCA’s Division of Grants, Contracts and Procurement (“DGCP”) is soliciting proposals via this Request for Proposals (“RFP”) from legal services provider organizations in the counties articulated in Exhibit 7 for the purpose of providing assigned counsel AFC Services, in Juvenile Defense, Child Welfare, and/or Custody and other related matters, as described in Article II below.

Pursuant to Part 7.2 of the New York Rules of the Chief Judge, the function of the attorney for the child is:

1. As used in this part, "attorney for the child" means a law guardian appointed by the family court pursuant to section 249 of the Family Court Act, or by the supreme court or a surrogate's court in a proceeding over which the family court might have exercised jurisdiction had such action or proceeding been commenced in family court or referred thereto.
2. The attorney for the child is subject to the ethical requirements applicable to all lawyers, including but not limited to constraints on: ex parte communication; disclosure of client confidences and attorney work product; conflicts of interest; and becoming a witness in the litigation.

 OCA-DGCP-057 Attorney for the Child Services, Generalist Providers, Outside New York City

 Issued Monday, October 6, 2025 Due Wednesday, November 5, 2025, at 2:00PM

           c. In juvenile delinquency and person in need of supervision proceedings, where the             child is the respondent, the attorney for the child must zealously defend the child.

           d In other types of proceedings, where the child is the subject, the attorney for the                 child must zealously advocate the child's position.

1.  In ascertaining the child's position, the attorney for the child must consult with and advise the child to the extent of and in a manner consistent with the child's capacities, and have a thorough knowledge of the child's circumstances
2. If the child is capable of knowing, voluntary and considered judgment, the attorney for the child should be directed by the wishes of the child, even if the attorney for the child believes that what the child wants is not in the child's best interests. The attorney should explain fully the options available to the child and may recommend to the child a course of action that in the attorney's view would best promote the child's interests.
3. When the attorney for the child is convinced either that the child lacks the capacity for knowing, voluntary and considered judgment, or that following the child's wishes is likely to result in a substantial risk of imminent, serious harm to the child, the attorney for the child would be justified in advocating a position that is contrary to the child's wishes. In these circumstances, the attorney for the child must inform the court of the child's articulated wishes if the child wants the attorney to do so, notwithstanding the attorney's position.

The UCS seeks proposals for the provision of AFC Services from institutional providers who will implement a holistic representation approach. The holistic approach typically includes teams comprised of attorneys, social workers, and paraprofessionals to provide comprehensive legal advice, advocacy and support to children who are either a respondent to a juvenile defense matter in New York State Family Court, or the subject of either an Article 10 petition, or non-Article 10 matter where the court appoints an AFC, and related petitions. UCS seeks proposals for these services in the following counties: Chemung, Cortland, Erie (Juvenile Defense and Child Welfare only), Monroe, Nassau (Juvenile Defense only), Orange, Rockland, Steuben, Suffolk and Tompkins.

UCS anticipates making one or more contract awards per county. The amount of available funding for each respective county is detailed in Exhibit 7. Applicants may apply for funding in more than one county but must submit a program narrative, budget, and budget narrative FOR EACH COUNTY in accordance with the requirements set forth in this RFP. All allocations are subject to available state appropriations. Funding will be made available to eligible providers as determined by the Chief Administrative Judge of the Courts. § 127.5 of New York’s Rules of the Chief Administrator of the Courts states that the number of children represented at any given time by an attorney appointed pursuant to § 249 of the Family Court Act shall not exceed 150.

Key Bid Dates (Note: UCS reserves the right to modify any Key Bid Date as it may deem appropriate.)

One (1) or more contracts for AFC Services (“Contract(s)”) will be awarded to successful bidders (“Awarded Contractor(s)”) for each county listed in Exhibit 7. Applicants awarded for one or more counties will enter into to a single Contract with UCS covering all applicable counties. Contracts will be for an Initial Term of sixty (60) months (“Initial Term”), with budget periods corresponding with each NYS fiscal year ending March 31. The Contract(s) are expected to commence on or about January 1, 2026, and terminate on or about December 31, 2030 (“Contract Term”). The initial budget period of the Contract will be for three (3) months, from January 1, 2026, through March 31, 2026.

Any Contract resulting from this solicitation is subject to the approval of both the office of the New York State Attorney General and the New York State Office of the State Comptroller.

Method of Award

Tier I: Minimum Qualifications (Threshold Pass/Fail)

The Awarded Contractor(s) must meet the minimum qualifications outlined in Article IV. Tier II: Evaluation and Scorin

Reviewers will evaluate proposals that meet the Tier I Minimum Qualifications. Proposers who receive a score of at least 70 points (average score among Tier II reviewers) will advance to Tier III.

The Organizational Capacity and Program Capacity and Proposed Service Delivery scoring categories of each proposal will be reviewed and rated by a team composed of qualified UCS staff, and the reasonableness of cost scoring category will be reviewed and scored by the DGCP staff. Please include separate Program Capacity and Proposed Service Delivery narratives for each county you are applying for. Do not provide one Program Capacity and Proposed Service Delivery narrative covering more than one county. Scores for Organizational Capacity, and Program Capacity and Proposed Service Delivery will be averaged across all scorers to arrive at an average score for each category. Reasonableness of cost will be assigned one score based on the objective criteria outlined in Exhibit 5(C). These scores will then be summed to arrive at a Final Score for each county you are applying for. Scoring will be awarded as follows:

Organizational Capacity, Program Capacity and Proposed Service Delivery, and Reasonableness of Cost scoring categories are contained in the Rating Tool attached as Exhibit 5 hereto.

Note: A minimum technical score of 70 (average of all evaluators) is required for an award to be made.

Tier III: Final Evaluation

The Tier III Final Evaluation assessments will be conducted by designated UCS executive staff. During the Tier III Final Evaluation, applicants shall be selected for funding and award amounts shall be determined through consideration of some or all of the following: Tier II Evaluation scoring and comments, strategic priorities, available funding and best overall value to New York State.

The Chief Administrative Judge or designee will make final decisions regarding approval and individual award amounts based on the quality of each submission, the recommendations of the reviewers, and the specific criteria set forth in this solicitation, in accordance with the best interests of the State. Nothing herein requires UCS to approve funding for any applicant.

IV. MINIMUM QUALIFICATIONS

Proposals will be considered only from applicants who are a “legal aid society” defined as a nonprofit organization that provides legal assistance to individuals who cannot afford legal services, as articulated in section 243 of the Family Court Act. Such organizations must provide proof of NYS Charities Bureau registration prior to finalization of contract award.

V. PROJECT SERVICES

UCS seeks proposals describing how the applicant will provide the AFC Services as outlined below (collectively, “Project Services”):

Award Contractor(s) shall be required to represent the following categories of minors:

1. Juvenile Defense legal representation to minors ages 7 to 17, in Person In Need of

Supervision (“PINS”), Juvenile Delinquency (“JD”), Juvenile Offense (“JO”) and

Adolescent Offense (“AO”) proceedings in Family Court, and in those cases that

originate in the Youth Part of the superior court and are removed to the Family Court.

Each category of minors is more specifically described as follows:

1. Pursuant to section 712(a) of the Family Court Act, PINS is defined as:

A person less than eighteen years of age: (i) who does not attend school in accordance with the provisions of part one of article sixty-five of the education law; (ii) who is ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child’s care, or other lawful authority; (iii) who violates the provisions of section 230.00 of the penal law; (iv) or who appears to be a sexually exploited child as defined in paragraph (a), (c) or (d) of subdivision one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article.

           b. Pursuant to section 301.2(1) of the Family Court Act, a JD is defined as:

person over sixteen and less than eighteen years of age commencing October first, two thousand nineteen, having committed an act that would constitute a violation as defined by subdivision three of section 10.00 of the penal law if committed by an adult, where such violation is alleged to have occurred in the same transaction or occurrence of the alleged criminal act; or

(iii) a person over the age of seven and less than twelve years of age having committed an act that would constitute one of the following crimes, if committed by an adult:

(A) aggravated criminally negligent homicide as defined in section 125.11 of the penal law; (B) vehicular manslaughter in the second degree as defined in section 125.12 of the penal law;

(C) vehicular manslaughter in the first degree as defined in section 125.13 of the penal law; (D) aggravated vehicular homicide as defined in section 125.14 of the penal law;

(E) manslaughter in the second degree as defined in section 125.15 of the penal law;

(F) manslaughter in the first degree as defined in section 125.20 of the penal law;

(G) aggravated manslaughter in the second degree as defined in section 125.21 of the penal law;

(H) aggravated manslaughter in the first degree as defined in section 125.22 of the penal law;

(I) murder in the second degree as defined in section 125.25 of the penal law;

(J) aggravated murder as defined in section 125.26 of the penal law; and

(K) murder in the first degree as defined in section 125.27 of the penal law; and

AND, who is:

court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law.

             c. Pursuant to section 1.20(42) of the Criminal Procedure Law, JO means:

1. a person, thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of the penal law, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and

2. a person fourteen or fifteen years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); paragraphs (a) and (b) of subdivision one, paragraphs (a) and (b) of subdivision two and paragraphs (a) and (b) of subdivision three of section 130.35 (rape in the first degree); former subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of former section 130.50; 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of the penal law; or section 265.03 of the penal law, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of the penal law; or defined in the penal law as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.

               d Pursuant to section 1.20(44) of the Criminal Procedure Law, an AO means: a person charged with a felony committed on or after October first, two thousand eighteen when he or she was sixteen years of age or on or after October first, two thousand nineteen, when he or she was seventeen years of age. For the purposes of this procurement, Child Welfare matters are all cases where the court appoints an AFC in Article 10 matters. A period of court jurisdiction begins with either an abuse/neglect filing or removal or a voluntary placement into out-of-home care and continues until all petitions related to this child’s case have been disposed of, all placements related to this child’s case have ended (if applicable), no other supplemental petitions associated with the original petition have been filed, and no appearances before the court have been recorded for at least 90 days. In other words, the period of court jurisdiction includes all of the filings, placements (if applicable) and hearings that the child experienced during a continuous period of court involvement. The United States Department of Health and Human Services Administration for Children and Families Children’s Bureau (CB) has stressed the importance of high-quality legal representation

  4. Assume representation of each client at the earliest practical opportunity in the proceeding, and shall, where appropriate, contact, interview and provide initial services to the client at the earliest possible opportunity, prior to the client’s first court appearance, when feasible.

5. Be reasonably accessible to each client by phone and in person.

6. Ensure that all necessary case preparation is conducted on behalf of each client, including a review of documents pertaining to the child and any necessary factual investigation, and shall arrange for any necessary expert evaluations.

7. Ensure that the legal remedies available to each client are evaluated and pursued where appropriate.

8. Appear at and participate actively in all court proceedings conducted in relation to each client.

9. While a dispositional order in relation to a client is in effect, maintain such contact with the client and other relevant individuals and agencies as necessary to monitor implementation of such order, and shall seek intervention of the court when necessary to assure compliance with such order or otherwise protect the interests of the client.

10. Provide, or refer for provision of, such other legal and associated support services for each client as the Court may direct or as Awarded Contractor(s) may determine are necessary and appropriate to properly represent each such client.

11. Provide substantial training for staff attorneys representing youth and enhanced services providers on topics to include adolescent brain development, effective adolescent interviewing and counseling techniques.

 12. Provide substantial training for staff attorneys representing youth and enhanced services providers on the topic of communication with young clients in a trauma-informed, developmentally appropriate and effective manner.

13. Provide substantial training for staff attorneys representing youth and enhanced services providers on the topic of representing special populations (e.g., youth with developmental disabilities, LGBTQIA+ youth, substance using youth, etc.)

14. Identify attorney conflicts and implement procedures to appropriately re-assign such conflicts.

 15.In Erie County, UCS is seeking providers of Child Welfare and Juvenile Defense representation ONLY. In Nassau County, UCS is seeking providers of Juvenile Defense, ONLY.

In addition, as directed in Part 7.2 of the Rules of the Chief Judge, the attorney for the child is subject to the ethical requirements applicable to all lawyers, including but not limited to constraints on: ex parte communication; disclosure of client confidences and attorney work product; conflicts of interest; and becoming a witness in the litigation.