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