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This entry was published on 2014-09-22
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Proceedings thereupon 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 1706. Proceedings thereupon

1. Where process is not issued or upon the return of process, the
court shall ascertain the age of the infant, the amount of his or her
personal property, the gross amount of the rents and profits of his or
her real estate during his or her minority and the sufficiency of the
security offered by the proposed guardian. With respect to applications
for appointment as a guardian of a child, the guardian shall have the
right and responsibility to make decisions, including issuing any
necessary consents, regarding the child's protection, education, care
and control, health and medical needs, and the physical custody of the
person of the child. A permanent guardian may consent to the adoption of
the child. Provided, however, that nothing in this subdivision shall be
construed to limit the ability of a child to consent to his or her own
medical care as may be otherwise provided by law. If the youth is over
the age of fourteen years, the court shall ascertain his or her
preference for a suitable guardian. Notwithstanding any other section of
law, where the youth is over the age of eighteen, he or she shall
consent to the appointment of a suitable guardian.

2. The court shall inquire of the office of children and family
services and such office shall inform the court whether or not a person
nominated to be a guardian of such infant, or any individual eighteen
years of age or over who resides in the home of the proposed guardian is
a subject of an indicated report or in a report which is under
investigation at the time of the inquiry, as such terms are defined in
section four hundred twelve of the social services law, filed with the
statewide central register of child abuse and maltreatment pursuant to
title six of article six of the social services law. The office shall,
upon completion of the investigation, inform the court as to the outcome
of such investigation.