§ 1706 — Proceedings thereupon 1

§ 1706. Proceedings thereupon\n 1. Where process is not issued or upon the return of process, the\ncourt shall ascertain the age of the infant, the amount of his or her\npersonal property, the gross amount of the rents and profits of his or\nher real estate during his or her minority and the sufficiency of the\nsecurity offered by the proposed guardian. With respect to applications\nfor appointment as a guardian of a child, the guardian shall have the\nright 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. A permanent guardian may consent to the adoption of\nthe child. Provided, however, that nothing in this subdivision shall be\nconstrued to limit the ability of a child to consent to his or her own\nmedical care as may be otherwise provided by law. If the youth is over\nthe age of fourteen years, the court shall ascertain his or her\npreference for a suitable guardian. Notwithstanding any other section of\nlaw, where the youth is over the age of eighteen, he or she shall\nconsent to the appointment of a suitable guardian.\n 2. The court shall inquire of the office of children and family\nservices and such office shall inform the court whether or not a person\nnominated to be a guardian of such infant, or any individual eighteen\nyears of age or over who resides in the home of the proposed guardian is\na subject of an indicated report or in a report which is under\ninvestigation at the time of the inquiry, as such terms are defined in\nsection four hundred twelve of the social services law, filed with the\nstatewide central register of child abuse and maltreatment pursuant to\ntitle six of article six of the social services law. The office shall,\nupon completion of the investigation, inform the court as to the outcome\nof such investigation.\n