N.Y. Comp. Codes R. & Regs. tit. 18 § 421.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 421.13 - Application acceptance

(a) Authorized agencies operating an adoption program shall accept for adoption study, all persons who have completed applications on a priority basis, as follows:

(1) On or about April 1st of each year the department will determine the age, race, handicap and other significant characteristics of the largest proportion of waiting children. Applicants seeking children having these characteristics, foster parents seeking to adopt a child who has resided in their home 12 continuous months and Indians seeking to adopt Indian children shall receive first priority for adoption studies.

(2) Second priority shall be given other applicants seeking to adopt photo-listed children who do not have the characteristics of the largest proportion of waiting children as determined by the department, or children currently available for adoption in the care of the agency to which application was made for whom there is not a waiting list of approved families.

(3) Third priority shall be given all other applicants, i.e., those expressing an interest in adopting children such as healthy young children who are not photo-listed, if such children are not immediately available for adoption in the care of the agency where the application was made.

(b) Authorized agencies shall acknowledge in writing, within 10 working days of receipt, each completed application. Each applicant shall be informed that his/her application will be acted upon as follows:

(1) acceptance of first priority applications for immediate study, including a date for first appointment to be not more than 30 days from receipt of completed application and the name and telephone number of an agency staff person he can contact during the interval;

(2) acceptance of second priority applications for action in accordance with paragraph (a)(2) of this section, giving an estimate of when a study may start and the name and telephone number of an agency staff person he can contact during the interval; and

(3) remaining applications for action in accordance with paragraph (a)(3) of this section, and stating whether there is any likelihood of an adoption study being granted.

(c) Third priority applicants shall be rejected on the basis of "no need" unless the agency is able to initiate the study promptly so that it will be able to complete it within six months of receipt of a completed application. Any such rejection shall be accompanied by:

(1) a statement of the fair hearing rights which are set forth in sections 22 and 372-e of the Social Services Law; and

(2) a statement that the applicant has the option of remaining on a waiting list with a description of the procedures for exercising this option.

(d) Authorized agencies may refer an adoption applicant to another agency prior to the initiation of the adoption study when:

(1) the applicant has expressed interest in a specific photo-listed child determined to be in the care of that agency; and

(2) the applicant has indicated willingness to be so referred.

If such referral is not accepted by the applicant, completion of the adoption study shall not be delayed beyond the periods required under section 421.14 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.13

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015