New York Law
Family Court Laws
Consolidated Laws of New York
Article 6 - Part 4 - Family Court
||Rules of court.
||Guardian of person to file copy of order of appointment.
||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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