N.Y. Comp. Codes R. & Regs. tit. 22 § 205.57

Current through Register Vol. 46, No. 45, November 2, 2024

Section 205.57 - Petition for guardianship by adoptive parent

(a) When a petition for temporary guardianship has been filed by an adoptive parent or parents pursuant to section 115-c of the Domestic Relations Law, the clerk of the court in which the petition has been filed shall distribute a written notice to the adoptive parents and lawyers who have appeared, and to the Commissioner of Social Services or the Director of the Probation Service, as appropriate, indicating that:

(1) a petition for adoption must be filed in the court in which the application for temporary guardianship has been brought within 45 days from the date of the signing of the consent to the adoption;

(2) any order or decree of temporary guardianship will expire no later than nine months following its issuance or upon the entry of a final order of adoption whichever is sooner, unless, upon application to the court, it is extended for good cause; and

(3) any order or decree of temporary guardianship will terminate upon withdrawal or denial of a petition to adopt the child, unless the court orders a continuation of such order or decree.

(b) In addition to and without regard to the date set for the hearing of the petition, the clerk of the court shall calendar the case for the 45th day from the date of the signing of the consent to the adoption. If no petition for adoption has been filed by the 45th day, the court shall schedule a hearing and shall order the appropriate agency to conduct an investigation forthwith, if one had not been ordered previously.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.57