§ 1707. Decree appointing guardian; term of office

1. If the court be satisfied that the interests of the infant will be
promoted by the appointment of a guardian or by the issuance of
temporary letters of guardianship of his or her person or of his or her
property, or of both, it must make a decree accordingly. If the court
determines that appointment of a permanent guardian is in the best
interests of the infant or child, the court shall issue a decree
appointing such guardian. The same person may be appointed guardian of
both the person and the property of the infant or the guardianship of
the person and of the property may be committed to different persons.
The court may appoint a person other than the parent of the infant or
the person nominated by the petitioner. When the court is informed that
the infant, a person nominated to be a guardian of such infant, the
petitioner, or any individual eighteen years of age or over who resides
in the home of the proposed guardian is a subject of or another person
named in an indicated report, as such terms are defined in section four
hundred twelve of the social services law, filed with the statewide
register of child abuse and maltreatment pursuant to title six of
article six of the social services law or is or has been the subject of
or the respondent in or a party to a child protective proceeding
commenced under article ten of the family court act which resulted in an
order finding that the child is an abused or neglected child the court
shall obtain such records regarding such report or proceeding as it
deems appropriate and shall give the information contained therein due
consideration in its determination. The court shall provide in its order
appointing a guardian of a child for whom the guardian and a local
department of social services have entered into an agreement under title
ten of article six of the social services law: (a) if the guardian would
meet the definition of relative guardian as such term is defined in
section four hundred fifty-eight-a of the social services law, the
compelling reasons that exist for determining that the return home of
the child and the adoption of the child are not in the best interests of
the child and are, therefore, not appropriate permanency options for the
child; and (b) that the local department of social services and the
attorney for the child must receive notice of, and be made parties to,
any subsequent proceeding to vacate or modify the order of guardianship.

2. The term of office of a guardian of the person or property so
appointed expires when the infant attains majority, unless the infant
consents to the continuation of or appointment of a guardian after his
or her eighteenth birthday, in which case such term of office expires on
his or her twenty-first birthday, or after such other shorter period as
the court establishes upon good cause shown; except that the term of
office of a guardian of the person of an infant expires upon the
infant's marriage prior to attaining majority. The appointment of a
guardian of a child shall expire when the infant or child reaches the
age of eighteen years, unless the infant or child consents to the
continuation of a guardian after his or her eighteenth birthday, in
which case such term of office expires on his or her twenty-first
birthday, or unless vacated by the court prior to the infant or child's
eighteenth or twenty-first birthday if the court finds that, based upon
clear and convincing evidence, the guardian failed to or is unable,
unavailable or unwilling to provide proper care and custody of the
infant or child, or that the guardianship is no longer in the best
interests of the infant or child.