§ 1704 — Petition for appointment; contents A petition for the appointment of a guardian of an infant must show: 1

§ 1704. Petition for appointment; contents\n A petition for the appointment of a guardian of an infant must show:\n 1. The full name, domicile and date of birth of the infant.\n 2. The names of the parents whose consent to the adoption of a child\nwould have been required pursuant to section one hundred eleven of the\ndomestic relations law or who was entitled to notice of an adoption\nproceeding pursuant to section one hundred eleven-a of the domestic\nrelations law, and whether or not they are living or have had their\nparental rights terminated pursuant to section three hundred\neighty-three-c, section three hundred eighty-four or section three\nhundred eighty-four-b of the social services law or section six hundred\nthirty-one of the family court act, and if living, their domiciles, the\nname and address of the person with whom the infant resides and the\nnames and addresses of the nearest distributees of full age who are\ndomiciliaries, if both parents are dead.\n 3. Whether the infant has had at any time a guardian appointed by will\nor deed or an acting guardian in socage or guardianship and custody\ncommitted pursuant to section three hundred eighty-three-c, three\nhundred eighty-four or three hundred eighty-four-b of the social\nservices law or section six hundred thirty-one of the family court act.\n 4. The estimated value of the real and personal property and of the\nannual income therefrom to which the infant is entitled.\n 5. If the infant is a non-domiciliary married person and the petition\nrelates to personal property only, that the property is not subject to\nthe control or disposition of the person's spouse by the law of his or\nher domicile, and the name and domicile of his or her spouse.\n 6. Whether the petitioner has knowledge that a person nominated to be\na guardian therein, or any individual eighteen years of age or over who\nresides in the home of the proposed guardian is a subject of an\nindicated report, as such terms are defined in section four hundred\ntwelve of the social services law, filed with the statewide central\nregister of child abuse and maltreatment pursuant to title six of\narticle six of the social services law, or has been the subject of or\nthe respondent in a child protective proceeding commenced under article\nten of the family court act, which proceeding resulted in an order\nfinding that the child is an abused or neglected child.\n 7. The petition may state the reasons why a person nominated would be\na suitable guardian and if either parent be living why either of them\nshould not be appointed guardian.\n 8. In addition, the petition for appointment of a permanent guardian\nof an infant or child shall include:\n (a) an assessment to be performed by the local social services\ndistrict, which shall contain:\n (i) the full name and address of the person seeking to become the\nguardian;\n (ii) the ability of the guardian to assume permanent care of the\nchild;\n (iii) the child's property and assets, if known;\n (iv) the wishes of the child, if appropriate;\n (v) the results of the criminal history record check with the division\nof criminal justice services of the guardian and any person eighteen\nyears of age or older residing in the guardian's household conducted by\nthe office of children and family services pursuant to subdivision two\nof section three hundred seventy-eight-a of the social services law if\nsuch a criminal history record check has been completed;\n (vi) the results of a search of the statewide central register of\nchild abuse and maltreatment records regarding the guardian and any\nperson eighteen years of age or older residing in the guardian's\nhousehold, including whether such person has been the subject of an\nindicated report conducted pursuant to subparagraph (e) of paragraph (A)\nof subdivision four of section four hundred twenty-two of the social\nservices law, if such a search has been conducted; and\n (vii) the results of all inspections and assessments of the guardian's\nhome and the child's progress while placed in the home, if any;\n (b) a certified copy of the order or orders terminating the parental\nrights of the child's parents or approving the surrender of the child or\nthe death certificates of the child's parents, as applicable;\n (c) the recommendation of the authorized agency involved, if any; and\n (d) the suitability, ability and commitment of the permanent guardian\nto assume full legal responsibility for the child and raise the child to\nadulthood.\n