§ 661 — Jurisdiction

New York § 661

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Guardianship
• Art. 6: Permanent Termination of Parental Rights, Adoption, Guardianship and Custody

Text

§ 661. Jurisdiction. When initiated in the family court, such court\nhas like jurisdiction and authority to determine as county and\nsurrogates courts in proceedings regarding the guardianship of the\nperson of a minor or infant and permanent guardianship of a child. Such\njurisdiction shall apply as follows:\n (a) Guardianship of the person of a minor or infant. When making a\ndetermination regarding the guardianship of the person of a minor or\ninfant, the provisions of the surrogate's court procedure act shall\napply to the extent they are applicable to guardianship of the person of\na minor or infant and do not conflict with the specific provisions of\nthis act. For purposes of appointment of a guardian of the person\npursuant to this part, the terms infant or minor shall include a person\nwho is less than twenty-one years old who consents to the appointment or\ncontinuation of a guardian after the age of eighteen.\n (b) Permanent guardianship of a child. Where the guardianship and\ncustody of a child have been committed to an authorized agency pursuant\nto section six hundred fourteen of this article, or section three\nhundred eighty-three-c, section three hundred eighty-four or section\nthree hundred eighty-four-b of the social services law, or where both\nparents of a child whose consent to the adoption of the child would have\nbeen required pursuant to section one hundred eleven of the domestic\nrelations law or who were entitled to notice of an adoption proceeding\npursuant to section one hundred eleven-a of the domestic relations law\nare dead, the court may appoint a permanent guardian of a child if the\ncourt finds that such appointment is in the best interests of the child.\nThe provisions of the surrogate's court procedure act shall apply to the\nextent that they are applicable to a proceeding for appointment of a\npermanent guardian of a child and do not conflict with the specific\nprovisions of this act. Such permanent guardian of a child shall have\nthe right and responsibility to make decisions, including issuing any\nnecessary consents, regarding the child's protection, education, care\nand control, health and medical needs, and the physical custody of the\nperson of the child, and may consent to the adoption of the child.\nProvided, however, that nothing in this subdivision shall be construed\nto limit the ability of a child to consent to his or her own medical\ncare as may be otherwise provided by law.\n (c) Special provisions in relation to guardianship of a foster child.\nWhere the permanency goal for a foster child who is the subject of a\nproceeding under article ten or ten-A of this act is referral for legal\nguardianship, a petition under this article filed by a fit and willing\nrelative or other suitable person shall be filed with the court before\nwhom the most recent proceeding under article ten or ten-A of this act\nis pending. The court presiding over the proceeding pursuant to article\nten or ten-A of this act may consolidate the hearing of the guardianship\npetition or permanent guardianship petition filed by such relative or\nother suitable person with the dispositional hearing under article ten\nof this act or a permanency hearing under article ten-A of this act, as\napplicable. In granting such a petition, the court must make such order\nin accordance with the procedures and make the findings enumerated in\nsection one thousand fifty-five-b or one thousand eighty-nine-a of this\nact, as applicable.\n