115-C - 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.