N.Y. Surrogate's Court Procedure Act § 1704: Petition for appointment; contents A petition for the appointment of a guardian of an infant must show: 1

§ 1704. Petition for appointment; contents

A petition for the appointment of a guardian of an infant must show:

1. The full name, domicile and date of birth of the infant.

2. The names of the parents whose consent to the adoption of a child

would have been required pursuant to section one hundred eleven of the

domestic relations law or who was entitled to notice of an adoption

proceeding pursuant to section one hundred eleven-a of the domestic

relations law, and whether or not they are living or have had their

parental rights terminated pursuant to section three hundred

eighty-three-c, section three hundred eighty-four or section three

hundred eighty-four-b of the social services law or section six hundred

thirty-one of the family court act, and if living, their domiciles, the

name and address of the person with whom the infant resides and the

names and addresses of the nearest distributees of full age who are

domiciliaries, if both parents are dead.

3. Whether the infant has had at any time a guardian appointed by will

or deed or an acting guardian in socage or guardianship and custody

committed pursuant to section three hundred eighty-three-c, three

hundred eighty-four or three hundred eighty-four-b of the social

services law or section six hundred thirty-one of the family court act.

4. The estimated value of the real and personal property and of the

annual income therefrom to which the infant is entitled.

5. If the infant is a non-domiciliary married person and the petition

relates to personal property only, that the property is not subject to

the control or disposition of the person's spouse by the law of his or

her domicile, and the name and domicile of his or her spouse.

6. Whether the petitioner has knowledge that a person nominated to be

a guardian therein, 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, 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, or has been the subject of or

the respondent in a child protective proceeding commenced under article

ten of the family court act, which proceeding resulted in an order

finding that the child is an abused or neglected child.

7. The petition may state the reasons why a person nominated would be

a suitable guardian and if either parent be living why either of them

should not be appointed guardian.

8. In addition, the petition for appointment of a permanent guardian

of an infant or child shall include:

(a) an assessment to be performed by the local social services

district, which shall contain:

(i) the full name and address of the person seeking to become the

guardian;

(ii) the ability of the guardian to assume permanent care of the

child;

(iii) the child's property and assets, if known;

(iv) the wishes of the child, if appropriate;

(v) the results of the criminal history record check with the division

of criminal justice services of the guardian and any person eighteen

years of age or older residing in the guardian's household conducted by

the office of children and family services pursuant to subdivision two

of section three hundred seventy-eight-a of the social services law if

such a criminal history record check has been completed;

(vi) the results of a search of the statewide central register of

child abuse and maltreatment records regarding the guardian and any

person eighteen years of age or older residing in the guardian's

household, including whether such person has been the subject of an

indicated report conducted pursuant to subparagraph (e) of paragraph (A)

of subdivision four of section four hundred twenty-two of the social

services law, if such a search has been conducted; and

(vii) the results of all inspections and assessments of the guardian's

home and the child's progress while placed in the home, if any;

(b) a certified copy of the order or orders terminating the parental

rights of the child's parents or approving the surrender of the child or

the death certificates of the child's parents, as applicable;

(c) the recommendation of the authorized agency involved, if any; and

(d) the suitability, ability and commitment of the permanent guardian

to assume full legal responsibility for the child and raise the child to

adulthood.