2006 New York Code - Temporary Guardianship By Adoptive Parent.



 
    §  115-c. Temporary guardianship by adoptive parent. In any case where
  physical custody of a child is transferred from the  child's  parent  or
  guardian to another person or persons for the purposes of adoption and a
  consent  to  the  adoption  of  such child has been executed pursuant to
  section one hundred fifteen-b of this  title,  the  adoptive  parent  or
  parents  shall, within ten court days of taking physical custody, either
  file a petition for adoption with a court of competent  jurisdiction  or
  file  an  application  for  temporary  guardianship of the person of the
  child pursuant to this section with the court in which the adoption will
  be filed, pursuant to  section  seventeen  hundred  twenty-five  of  the
  surrogate's  court procedure act or section six hundred sixty-one of the
  family court act except as otherwise provided herein.  Such  application
  shall  include an affidavit by the adoptive parent or parents describing
  any change of circumstances since their  certification  as  a  qualified
  adoptive parent or parents, pursuant to section one hundred fifteen-d of
  this  title,  which  may  be  material  to  such certification.   Such a
  petition for adoption shall also be deemed an application for  temporary
  guardianship,  where  no  prior  application  for an order for temporary
  guardianship has been filed.
    In any case where the adoptive parent or parents take physical custody
  of an adoptive child and requirements for certification as  a  qualified
  adoptive  parent  or  parents  have been waived, pursuant to section one
  hundred  fifteen-d  of  this  title,  an   application   for   temporary
  guardianship or petition for adoption for such child shall be filed with
  the court not later than five court days from obtaining physical custody
  of  such  child.  Such  time  period  may be extended upon motion of any
  person or upon the court's own motion for good cause shown.

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