Section 661. Jurisdiction  


Latest version.
  • When initiated in the family court, such court
      has  like  jurisdiction  and  authority  to  determine  as  county   and
      surrogates  courts  in  proceedings  regarding  the  guardianship of the
      person of a minor or infant and permanent guardianship of a child.  Such
      jurisdiction shall apply as follows:
        (a)  Guardianship  of  the  person of a minor or infant. When making a
      determination regarding the guardianship of the person  of  a  minor  or
      infant,  the  provisions  of  the  surrogate's court procedure act shall
      apply to the extent they are applicable to guardianship of the person of
      a minor or infant and do not conflict with the  specific  provisions  of
      this  act.  For  purposes  of  appointment  of  a guardian of the person
      pursuant to this part, the terms infant or minor shall include a  person
      who is less than twenty-one years old who consents to the appointment or
      continuation of a guardian after the age of eighteen.
        (b)  Permanent  guardianship  of  a  child. Where the guardianship and
      custody of a child have been committed to an authorized agency  pursuant
      to  section  six  hundred  fourteen  of  this  article, or section three
      hundred eighty-three-c, section three  hundred  eighty-four  or  section
      three  hundred  eighty-four-b  of the social services law, or where both
      parents of a child whose consent to the adoption of the child would have
      been required pursuant to section one hundred  eleven  of  the  domestic
      relations  law  or who were entitled to notice of an adoption proceeding
      pursuant to section one hundred eleven-a of the domestic  relations  law
      are  dead,  the court may appoint a permanent guardian of a child if the
      court finds that such appointment is in the best interests of the child.
      The provisions of the surrogate's court procedure act shall apply to the
      extent that they are applicable to a proceeding  for  appointment  of  a
      permanent  guardian  of  a  child  and do not conflict with the specific
      provisions of this act. Such permanent guardian of a  child  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, and 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.