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This entry was published on 2014-09-22
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SECTION 1702
Jurisdiction 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 1702. Jurisdiction

1. Where an infant has no guardian the court may appoint a guardian of
his person or property, or of both, in the following cases:

(a) Where the infant is domiciled in that county or has sojourned
therein immediately preceding the application.

(b) Where the infant is a non-domiciliary of the state but has
property situate in that county.

2. Where an infant or child has no guardian, the court may appoint a
permanent guardian for the child in accordance with the provisions of
section seventeen hundred one of this article where the infant is
domiciled in that county or where such child is in the care or custody
of an authorized agency, as defined in subdivision ten of section three
hundred seventy-one of the social services law, and such authorized
agency has its principal office in that county.

3. Where the permanency goal for a foster child who is the subject of
a proceeding under article ten or ten-A of the family court act is
referral for legal guardianship, a petition filed under this article 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 the family court act is pending.