N.Y. Family Court Act § 661: Jurisdiction

§ 661. Jurisdiction. 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.

(c) Special provisions in relation to guardianship of a foster child.

Where the permanency goal for a foster child who is the subject of a

proceeding under article ten or ten-A of this act is referral for legal

guardianship, a petition under this article filed 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 this act

is pending. The court presiding over the proceeding pursuant to article

ten or ten-A of this act may consolidate the hearing of the guardianship

petition or permanent guardianship petition filed by such relative or

other suitable person with the dispositional hearing under article ten

of this act or a permanency hearing under article ten-A of this act, as

applicable. In granting such a petition, the court must make such order

in accordance with the procedures and make the findings enumerated in

section one thousand fifty-five-b or one thousand eighty-nine-a of this

act, as applicable.