§ 1725. Temporary guardianship by adoptive parent prior to adoption

1. Upon the filing of a petition for temporary guardianship, as
described in section one hundred fifteen-c of the domestic relations
law, or upon the filing of a petition for adoption when no prior
application has been made for an order of temporary guardianship, the
court shall determine promptly whether or not to grant temporary
guardianship.

2. A petition for temporary guardianship of the person of an infant to
be adopted shall contain at least the following:

(a) The first and last name of the infant, the anticipated surname of
the infant subsequent to the completion of the adoption, the anticipated
residence of the infant and the infant's date of birth;

(b) The full names, addresses and telephone numbers of the
petitioners;

(c) Proof of the consent to the adoption of the infant as required by
section one hundred fifteen-b of the domestic relations law; and

(d) A verified statement that the infant will be residing with the
petitioners and that the petitioners intend to file a petition for
adoption of such infant within forty-five days of the execution of the
consent to the adoption of the infant.

3. (a) The court shall inquire of the statewide central register of
child abuse and maltreatment and the register shall inform the court
whether the petitioner is a subject of an indicated report, as such
terms are defined in section four hundred twelve of the social services
law, filed with such register. When the court is informed that the
petitioner is a subject of an indicated report, as such terms are
defined in section four hundred twelve of the social services law, filed
with the statewide central register of child abuse and maltreatment, the
court shall give such information contained therein due consideration in
its determination.

(b) The court shall make an order based upon the best interests of the
child. Such order shall:

(i) appoint the petitioner temporary guardian of the person of the
child; or

(ii) continue the proceeding for further investigation; or

(iii) if there is apparent cause to remove the child from the
petitioners, follow the procedure set forth in subdivision two of
section one hundred sixteen of the domestic relations law.

(c) Any decree or order of temporary guardianship issued pursuant to
this section shall expire no later than nine months following the date
of its issuance or entry of a final order of adoption, whichever is
sooner. Such decree or order may be extended for periods of up to three
months, upon application to the court, for good cause shown.

(d) Any decree or order issued pursuant to this section shall
terminate upon the withdrawal or denial of the petition to adopt the
infant named therein, unless the court orders the continuation thereof
during the pendency of an appeal from an order denying the adoption
petition.

4. If the court denies an application for temporary guardianship, or
removes a child from the physical custody of the petitioners, or an
order of temporary guardianship expires without the entry of a final
order of adoption, or if the petition for adoption is withdrawn or
denied, the court:

(a) if such withdrawal, denial or removal is within forty-five days of
the execution of the consent to adoption by the birth parent, shall
promptly inform the birth parent who consented to the adoption of such
withdrawal, denial or removal;

(b) if such withdrawal, denial or removal is subsequent to forty-five
days of the execution of the consent to adoption by the birth parent,
may inform the birth parent who consented to the adoption of such
withdrawal, denial or removal where the court determines that such
notice will be in the best interests of the child; and

(c) in any case, shall direct the child protective service to conduct
an investigation to assess the condition of the infant and to report its
findings to the court within the time specified in the order. If the
court has reason to believe that a crime was committed, it shall report
such belief to the appropriate district attorney.

5. Rules of court shall provide for the monitoring by the court of
filing of an adoption petition within forty-five days of the execution
of a consent to adoption, when an application for temporary guardianship
has been filed.