N.Y. Surrogate's Court Procedure Act § 1706: Proceedings thereupon 1

§ 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.