§ 1725 — Temporary guardianship by adoptive parent prior to adoption 1

New York § 1725

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 17: Guardians and Custodians

Text

§ 1725. Temporary guardianship by adoptive parent prior to adoption\n 1. Upon the filing of a petition for temporary guardianship, as\ndescribed in section one hundred fifteen-c of the domestic relations\nlaw, or upon the filing of a petition for adoption when no prior\napplication has been made for an order of temporary guardianship, the\ncourt shall determine promptly whether or not to grant temporary\nguardianship.\n 2. A petition for temporary guardianship of the person of an infant to\nbe adopted shall contain at least the following:\n (a) The first and last name of the infant, the anticipated surname of\nthe infant subsequent to the completion of the adoption, the anticipated\nresidence of the infant and the infant's date of birth;\n (b) The full names, addresses and telephone numbers of the\npetitioners;\n (c) Proof of the consent to the adoption of the infant as required by\nsection one hundred fifteen-b of the domestic relations law; and\n (d) A verified statement that the infant will be residing with the\npetitioners and that the petitioners intend to file a petition for\nadoption of such infant within forty-five days of the execution of the\nconsent to the adoption of the infant.\n 3. (a) The court shall inquire of the statewide central register of\nchild abuse and maltreatment and the register shall inform the court\nwhether the petitioner is a subject of an indicated report, as such\nterms are defined in section four hundred twelve of the social services\nlaw, filed with such register. When the court is informed that the\npetitioner is a subject of an indicated report, as such terms are\ndefined in section four hundred twelve of the social services law, filed\nwith the statewide central register of child abuse and maltreatment, the\ncourt shall give such information contained therein due consideration in\nits determination.\n (b) The court shall make an order based upon the best interests of the\nchild. Such order shall:\n (i) appoint the petitioner temporary guardian of the person of the\nchild; or\n (ii) continue the proceeding for further investigation; or\n (iii) if there is apparent cause to remove the child from the\npetitioners, follow the procedure set forth in subdivision two of\nsection one hundred sixteen of the domestic relations law.\n (c) Any decree or order of temporary guardianship issued pursuant to\nthis section shall expire no later than nine months following the date\nof its issuance or entry of a final order of adoption, whichever is\nsooner. Such decree or order may be extended for periods of up to three\nmonths, upon application to the court, for good cause shown.\n (d) Any decree or order issued pursuant to this section shall\nterminate upon the withdrawal or denial of the petition to adopt the\ninfant named therein, unless the court orders the continuation thereof\nduring the pendency of an appeal from an order denying the adoption\npetition.\n 4. If the court denies an application for temporary guardianship, or\nremoves a child from the physical custody of the petitioners, or an\norder of temporary guardianship expires without the entry of a final\norder of adoption, or if the petition for adoption is withdrawn or\ndenied, the court:\n (a) if such withdrawal, denial or removal is within forty-five days of\nthe execution of the consent to adoption by the birth parent, shall\npromptly inform the birth parent who consented to the adoption of such\nwithdrawal, denial or removal;\n (b) if such withdrawal, denial or removal is subsequent to forty-five\ndays of the execution of the consent to adoption by the birth parent,\nmay inform the birth parent who consented to the adoption of such\nwithdrawal, denial or removal where the court determines that such\nnotice will be in the best interests of the child; and\n (c) in any case, shall direct the child protective service to conduct\nan investigation to assess the condition of the infant and to report its\nfindings to the court within the time specified in the order. If the\ncourt has reason to believe that a crime was committed, it shall report\nsuch belief to the appropriate district attorney.\n 5. Rules of court shall provide for the monitoring by the court of\nfiling of an adoption petition within forty-five days of the execution\nof a consent to adoption, when an application for temporary guardianship\nhas been filed.\n