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Family Court Law

Consolidated Laws of NY's FCA code

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Article 6 - Part 4 - Family Court

GUARDIANSHIP

Section Description
661 Jurisdiction.
662 Rules of court.
663 Guardian of person to file copy of order of appointment.
664 Recording in camera interviews of infants.
  S 661. Jurisdiction.  When initiated in the family court, such court
  has  like  jurisdiction  and  authority  to  determine  as  county   and
  surrogates  courts  in  proceedings  regarding  the  guardianship of the
  person of a minor or infant and permanent guardianship of a child.  Such
  jurisdiction shall apply as follows:
    (a)  Guardianship  of  the  person of a minor or infant. When making a
  determination regarding the guardianship of the person  of  a  minor  or
  infant,  the  provisions  of  the  surrogate's court procedure act shall
  apply to the extent they are applicable to guardianship of the person of
  a minor or infant and do not conflict with the  specific  provisions  of
  this  act.  For  purposes  of  appointment  of  a guardian of the person
  pursuant to this part, the terms infant or minor shall include a  person
  who is less than twenty-one years old who consents to the appointment or
  continuation of a guardian after the age of eighteen.
    (b)  Permanent  guardianship  of  a  child. Where the guardianship and
  custody of a child have been committed to an authorized agency  pursuant
  to  section  six  hundred  fourteen  of  this  article, or section three
  hundred eighty-three-c, section three  hundred  eighty-four  or  section
  three  hundred  eighty-four-b  of the social services law, or where both
  parents of a child whose consent to the adoption of the child would have
  been required pursuant to section one hundred  eleven  of  the  domestic
  relations  law  or who were entitled to notice of an adoption proceeding
  pursuant to section one hundred eleven-a of the domestic  relations  law
  are  dead,  the court may appoint a permanent guardian of a child if the
  court finds that such appointment is in the best interests of the child.
  The provisions of the surrogate's court procedure act shall apply to the
  extent that they are applicable to a proceeding  for  appointment  of  a
  permanent  guardian  of  a  child  and do not conflict with the specific
  provisions of this act. Such permanent guardian of a  child  shall  have
  the  right  and  responsibility to make decisions, including issuing any
  necessary consents, regarding the child's  protection,  education,  care
  and  control,  health and medical needs, and the physical custody of the
  person of the child, and may consent  to  the  adoption  of  the  child.
  Provided,  however,  that nothing in this subdivision shall be construed
  to limit the ability of a child to consent to his  or  her  own  medical
  care as may be otherwise provided by law.
    (c)  Special provisions in relation to guardianship of a foster child.
  Where the permanency goal for a foster child who is  the  subject  of  a
  proceeding  under article ten or ten-A of this act is referral for legal
  guardianship, a petition under this article filed by a fit  and  willing
  relative  or  other suitable person shall be filed with the court before
  whom the most recent proceeding under article ten or ten-A of  this  act
  is  pending. The court presiding over the proceeding pursuant to article
  ten or ten-A of this act may consolidate the hearing of the guardianship
  petition or permanent guardianship petition filed by  such  relative  or
  other  suitable  person with the dispositional hearing under article ten
  of this act or a permanency hearing under article ten-A of this act,  as
  applicable.  In granting such a petition, the court must make such order
  in accordance with the procedures and make the  findings  enumerated  in
  section  one thousand fifty-five-b or one thousand eighty-nine-a of this
  act, as applicable.

  S 662. Rules of court. Rules of court, not inconsistent with any law,
  may authorize the probation service to interview such persons and obtain
  such data as will aid the court in exercising its  power  under  section
  six hundred sixty-one.

  S 663. Guardian of person to file copy of order of appointment. Upon
  the appointment and qualification of guardian of the person of  a  minor
  as  provided  in  section  six hundred sixty-one of this act, letters of
  guardianship shall thereupon issue from this court.

  S 664. Recording in camera interviews of infants. (a) The court shall
  not conduct an in camera  interview  of  an  infant  in  any  action  or
  proceeding  to fix temporary or permanent custody or to modify judgments
  and orders of custody concerning marital separation, divorce,  annulment
  of  marriage and dissolution of marriage unless a stenographic record of
  such interview is made.
    (b) If an appeal is taken to the appellate division from a judgment or
  order of the court on any such action or  proceeding,  the  stenographic
  record  of  any  such  interview  shall be made a part of the record and
  forwarded under seal to the appellate division.

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