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18 views3 pages

6 5

Uploaded by

Yuri Hovhannisyan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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F.C.A§ 661; S.C.P.A.

§ 1707 Form 6-5


(Order Appointing Guardian of the
Person or Permanent Guardian)
8/2010

At a term of the Family Court of the State of New York,


held in and for the County of ,
at New York, on
.
P R E S E N T:
Hon.
Judge
____________________________________________
Proceedings for the Appointment of a Docket No.
“Guardian of the Person “Permanent Guardian Family File No.
of ORDER APPOINTING
“Guardian of the Person
“Permanent Guardian

a Person Under the Age of 21


_________ ____________________________________________

Upon reading and filing the petition, duly verified on , , applying


for the appointment of the “ guardian of the person “permanent guardian of the
above-named person under the age of 21;

[Delete if inapplicable] “And where the subject of the petition is 18 years of age or
older, he/she having consented to the appointment of the guardian;
“And where the subject of the petition is over 14 but less than
18 years of age, the child having expressed a preference for the appointment of the guardian;

And this Court having determined that the best interests of the subject of the petition
will be promoted by the appointment of a “guardian of the person “permanent guardian , and
that [specify guardian]: is in all respects competent to act as such guardian and
to raise the subject of the proceeding to adulthood;

[Applicable to cases where Petitioner is a relative or other non-parent and where hearing
was consolidated with child protective dispositional or permanency hearing, pursuant to
F.C.A. §§1055-b or 1089-a; delete if inapplicable]:
And this Court having determined that:
Termination of the order placing or remanding the child(ren) pursuant to Article 10 or
10-A of the Family Court Act will will not not jeopardize the child(ren)’s safety and is
is not in the best interests of the child(ren).
Form 6-5 Page 2

The child(ren)’s birth mother has has not consented to the award of
guardianship to the Petitioner. If not, the following extraordinary circumstances support
Petitioner’s standing to seek guardianship of the child(ren) [specify]:

The child’s legally-established birth father has has not consented to the award
of guardianship to the Petitioner. If not, the following extraordinary circumstances support
Petitioner’s standing to seek guardianship of the child(ren) [specify]:

The child has been living with the following foster parent(s)[specify]:
for a period in excess of one year, who has/have has/have not consented to the award of
guardianship to the Petitioner.

The local department of social services, the petitioner in the related child abuse or
neglect permanency proceeding has has not consented to the award of guardianship to
the Petitioner.

The attorney for the child(ren) [specify]: in the related


child abuse or neglect permanency proceeding has has not consented to the award
of guardianship to the Petitioner.

IT IS HEREBY ORDERED that [specify guardian]: ,


upon taking the official oath and filing the designation as required by law, is appointed
“guardian of the person “permanent guardian of [specify name of subject of the petition]:
child upon the following terms and conditions [specify]:

and that Letters of Guardianship shall issue to the Guardian accordingly; and it is further

ORDERED that, unless terminated by the Court, the appointment shall last until the
subject’s [check applicable box]:
“18th birthday, unless the Court approves an application for an extension of the
appointment until the age of 21 upon the consent of the subject if the subject is over 18;
OR
st
“21 birthday, since the subject is over 18 and has consented to the appointment until
he/she reaches the age of 21;

[Applicable to cases where hearing was consolidated with child protective dispositional
or permanency hearing, pursuant to F.C.A. §§1055-b or 1089-a; delete if inapplicable]:
ORDERED that the following local department of social services [specify]:
and the following attorney for the child(ren)[specify]: shall
be notified and shall be made parties to any subsequent proceedings for modification,
enforcement or termination of the Order;
Form 6-5 Page 3

AND IT IS FURTHER ORDERED that [specify]:

ENTER

_____________________________________
Judge of the Family Court
Dated: , .

PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL


FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE
ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING
OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS
AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON
THE APPELLANT, WHICHEVER IS EARLIEST.

Check applicable box:


9 Order mailed on [specify date(s) and to whom mailed ]:___________________________
9 Order received in court on [specify date(s) and to whom given]:_____________________

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