{"jurisdiction": "us-ny", "code": "scpa", "section": "1706", "citation": "SCPA § 1706", "heading": "Proceedings thereupon 1", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1706", "from_official_api": true, "plain_english": "Before appointing a guardian, the court must establish key facts and check the child-abuse register.\n- **(1)** Where no process issues, or when process is returned, the **court must ascertain** the infant's age, personal property, the gross rents and profits of the infant's real estate during minority, and whether the **proposed guardian's security is sufficient**. A guardian of a child has the **right and responsibility** to decide the child's protection, education, care and control, health and medical needs, and physical custody, including giving needed consents; a **permanent guardian may consent to adoption**. ★ This does **not limit a child's own right to consent to medical care** where other law allows it. If the youth is **over 14**, the court must learn the youth's **preference** for a guardian; a youth **over 18 must consent** to the appointment. ★\n- **(2)** The court must ask the **Office of Children and Family Services**, which must answer, whether the nominee or **anyone 18 or older in the nominee's home** is the subject of an indicated report or of a report **under investigation**; the office must later report the investigation's outcome.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1706", "publisher": "Elyphived LLC"}