Petition By Person On Behalf Of Person Under 21 For Appointment Of Guardian Of Person Or Permanent Guardian {6-1-b}

F.C.A. § 661; S.C.P.A.§§ 1701 - 1704 Form 6-1-b (Petition by Person on Behalf of Person Under 21 for Appointment Of Guardian of a Person Or Permanent Guardian) 9/2008 .................................................................. Proceeding for the Appointment of a Guardian of the Person or Permanent Guardian of Docket No. Family File No. PETITION BY PERSON ON BEHALF OF PERSON UNDER 21 FOR APPOINTMENT OF Guardian of Person Permanent Guardian A Person Under the Age of 21 ................................................................. TO THE FAMILY COURT: The Petitioner respectfully alleges to this Court that: 1. I am [specify name]: and I am submitting this petition on behalf of [specify person under 21]: , who is my [describe relationship]: . I am submitting this petition to request that [specify proposed guardian]: be appointed as his/her [check applicable box]: Guardian of the Person Permanent Guardian.1 2. a. The person under the age of 21, who is the subject of this petition, was born on [specify date and year of birth]: b. He/she lives at [specify name and complete address of residence]:2 c. He/she lives with [specify]: who is/are related to him/her as follows [specify]: 3. a. The name and residence of the proposed guardian are as follows: A "permanent guardian" may be appointed, pursuant to Family Court Act §661(b) and Surrogate's Court Procedure Act §1702(2) if the Court finds that it is in the best interests of a person under the age of 21, who has been committed to an authorized agency through termination of parental rights or surrender or whose birth parents or other persons entitled to notice of, or to consent to, adoption are deceased. Persons over the age of 18 must consent to such an appointment, which may last until the person reaches the age of 21. Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). 2 1 American LegalNet, Inc. www.FormsWorkflow.com Form 6-1-b Name: Complete address:3 Page 2 b. He/She has consented to appointment as guardian, a copy of which is attached. 4. (Upon information and belief,) The person who is the subject of this petition Gis Gis not a Native American child under the age of 18 who is subject to the Indian Child Welfare Act of 1978 (25 U.S.C. §§1901-1963). If so, the following have been notified [check applicable box(es)]: parent/custodian [specify name and give notification date]: tribe/nation [specify name and give notification date]: United States Secretary of the Interior [give notification date]: 5. (Upon information and belief,) The religion of the person under 21 who is the subject of this proceeding is [specify, if any]: 6. (Upon information and belief,) The names, relationship and post office addresses of the birth parents, the name and address of the person with whom I live, if other than my birth parent(s), on whom process should issue; and such other persons concerning whom the court is required to have information, are as follows: [If either birth parent is dead or has surrendered or has had parental rights terminated(TPR) , so allege; if both parents are dead, indicate nearest adult next of kin]: Relationship Name Complete Address 4 Deceased? TPR? Surrender? Birth mother: Birth father: Person with whom subject resides, if other than parents: Adult next of kin, if birth parents are dead: Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). Unless the Court has ordered the address to be confidential on the ground that disclosure would pose an unreasonable health or safety risk. See Family Court Act §154-b; Form 21 (available at www.nycourts.gov). 4 3 American LegalNet, Inc. www.FormsWorkflow.com Form 6-1-b Other [specify]: 5 Page 3 7. a. Appointing [specify proposed guardian]: as the guardian of the person permanent guardian would be in the best interests of the person under 21 who is the subject of this proceeding and would preserve his/her legal rights because [specify facts regarding the suitability, ability and commitment of the proposed guardian to assume full legal responsibility and raise the subject to adulthood]: b. [Required where appointment of permanent guardian is requested, pursuant to Family Court Act §661(b) or S.C.P.A. §1702(2); delete if inapplicable]: (i) [Check applicable box]: Guardianship and custody of the person under 21 who is the subject of this proceeding has been committed to the following authorized agency [specify, include whether by surrender or termination of parental rights and attach certified copies of the orders terminating parental rights or approving the surrenders, as applicable]: both of the birth parents of the subject of this proceeding , whose consent to or notice of his/her adoption would have been required, are deceased [attach death certificates]. (ii) The local social services district performed an assessment, as required by S.C.P.A. §1704(8), that recommended the following [specify and attach a copy of the assessment]: 8. (Upon information and belief) No guardian pursuant to will or deed, or guardian of the person pursuant to Section 384 or 384-b of the Social Services Law, has been previously appointed for the subject of this proceeding, except [specify]: 9. Upon information and belief, [Check all applicable box(es)]: a. Q The proposed guardian has never been the subject of an indicated report, as such term is defined in of the Social Services Law §412, that has been filed with the statewide register of child abuse and maltreatment pursuant Social Services Law §422. 5 Include Mental Hygiene Legal Services, if the petitioner is mentally retarded or developmentally disabled and has been admitted to a facility, and any person entitled to notice of or consent to petitioner's adoption. American LegalNet, Inc. www.FormsWorkflow.com Form 6-1-b Page 4 Q The proposed guardian was the subject of an indicated report, as defined in of the Social Services Law §412, that was filed with the statewide register of child abuse and maltreatment pursuant Social Services Law §422. [Specify the date of the report, determination of whether "indicated" or "unfounded," status and circumstances to the extent known]: Q The proposed guardian is the subject of a report, as defined in of