(a) An adoption study shall explore the following characteristics of applicants: (1) capacity to give and receive affection;(2) ability to provide for a child's physical and emotional needs;(3) ability to accept the intrinsic worth of a child, to respect and share his past, to understand the meaning of separation he has experienced, and to have realistic expectations and goals;(4) flexibility and ability to change;(5) ability to cope with problems, stress and frustration;(6) feelings about parenting an adopted child and the ability to make a commitment to a child placed in the home; and(7) ability to use community resources to strengthen and enrich family functioning.(b) Age. Applicants accepted for adoption study shall be at least 18 years old. The agency shall not establish any other minimum or maximum age for study or acceptance.
(c) Health. (1) An approved applicant shall be in such physical condition that it is reasonable to expect him/her to live to the child's majority and to have the energy and other abilities needed to fulfill the parental responsibilities.(2) A report of a physical examination conducted not more than one year preceding the date of the adoption application by a physician, physician assistant, nurse practitioner or other licensed and qualified health care practitioner, as appropriate, regarding the members of the household's general health, that indicates the absence of communicable disease, infection, or illness or any physical or mental condition(s) which might affect the proper care of an adopted child, or that presence of any identified affliction does not pose a risk to the health and safety of an adopted child, must be filed with the agency. If the adoptive applicant is or has been a foster parent, and the agency which certified, licensed or approved the foster parent has a completed medical report on the foster family in its records, the foster family medical report will satisfy this requirement, if the medical report was completed within the past year.(3) Upon a finding of physical condition(s) which are likely to have negative effects upon an applicant's ability to carry out the parental role, an adoption study may be discontinued with the agreement of the applicant. If the applicant does not agree about the likelihood of such negative effects, he shall be given the opportunity to seek another medical opinion, and file another medical report, before a final decision is made.(4) The record of a study discontinued or resulting in rejection because of present or expected effects of a medical condition, must identify the condition found and effects found or expected.(d) Marital status. Agencies must not consider marital status in their acceptance or rejection of applicants. However, one married partner may not adopt without the other unless one partner is living separate and apart from his or her spouse pursuant to a legally recognizable separation agreement or decree of separation, or one partner has been or will be living separate and apart from his or her spouse for a period of three years or more prior to the commencement of the adoption proceeding. Agencies must not establish policies which place single or divorced applicants, applicants who are separated from their spouses pursuant to a legally recognizable separation agreement or decree of separation, applicants who have been or will be living separate and apart from their spouses for a period of three of more years, or widowed applicants, at a disadvantage.
(e) Fertility. An adoptive applicant may not be rejected for adoption because of his, her or their fertility (capacity to have biological children). The significance of fertility and/or infertility as it relates to the desire to adopt shall always be explored in the adoption process, but applicants shall not be required to provide proof of infertility.
(f) Family composition. (1) The agency may study family size as it relates to the ability of a family to care for another child and the quality of life which will be offered to an adoptive child. Policies shall not be established which require rejection of an applicant based on family composition without determining its effect on the ability to care for a child and the quality of life which will be offered.(2) Presence or absence of children in applicant's home regardless of their age and sex shall not be a basis for rejecting applicants.(3) Adoptive placement which will result in there being more than two infants under the age of two in the home at the same time shall be made only after a study specifically focusing on the family's ability to care successfully for such a number of infants.(4) If any children in an approved home are there as foster children, placement of an adoptive child shall be delayed if it would result in a family composition which violates section 378.4 of the Social Services Law.(5) An adoptive placement shall not be made where a child previously placed for adoption has not yet been adopted, except: (i) where the child to be placed is a sibling of one already in the home;(ii) where the delay in adoption is due primarily to court delays; or(iii) where the child to be placed is unusually hard to place and other placement resources are not available.(6) Any exceptions pursuant to paragraph (5) of this subdivision shall be fully documented in the records.(g) Sex preference and matching. (1) Single applicants shall not be rejected because they seek children of only the same sex (or only the opposite sex).(2) Exploration of a preference to adopt a child of a particular gender, where found necessary and appropriate, shall be carried out openly with a clear explanation to the applicant of the basis for, and relevance of, the inquiry.(h) Employment and education of parents. Employment, education, or volunteer activities of applicants may not be a basis for rejection.
(i) Religion and race. Race, ethnic group, and religion shall not be a basis for rejecting an adoption applicant.
(j) Income. No applicant shall be rejected on the basis of low income, or because of receipt of income maintenance payments. The adoption study process shall evaluate an applicant's ability to budget his resources in such a way that a child placed with him can be reasonably assured of minimum standards of nutrition, health, shelter, clothing and other essentials. An applicant whose budgeting and money management skills appear deficient to assure such minimum standards shall be referred to any available resources which might help improve these skills.
(k) Employment and geographical stability. Changes in employment and residences may be examined to determine the significance of such changes for the functioning and well-being of the family and any child to be placed in the home. Frequent changes in employment and residences shall not be a basis for rejection unless it is determined that such changes reflect an inability to provide for the well-being of any child to be placed in the home.
(l) Child care experience. An adoption study shall inquire into an applicant's experience with children and offer him and/or her, if feasible, the opportunity to increase his/her experience, knowledge and skills in this area. However, no applicant should be rejected solely on the basis of a lack of such experience.
(m) Socialization and community support. The adoption study process shall include inquiry into the applicant's ability to locate and take advantage of human and organizational resources to strengthen their own capacity as parents. There shall not be any requirement for particular levels of educational achievement or kinds of organizational involvement or community recognition.
(n) Inquiry of State Central Register of Child Abuse and Maltreatment. An adoption study must include an inquiry of the department regarding whether the applicant is the subject of an indicated child abuse and maltreatment report on file with the State Central Register of Child Abuse and Maltreatment.
(1) If the applicant is the subject of such a report, the agency must determine on the basis of the information it has available and in accordance with guidelines developed and disseminated by the department whether to approve the application, except that any agency operated by a local social services district which had guidelines for the review of persons who are the subjects of indicated reports of child abuse or maltreatment in use prior to January 1, 1986 may continue to use such agency guidelines in making the required determination.(2) If the application is approved, the agency must indicate in writing in the adoption study record the specific reason(s) why the person who is the subject of an indicated report was determined to be appropriate to receive an adoption placement.(3) If the agency rejects the applicant, giving the indicated report as a reason, the applicant must be informed in writing of the reasons for such decision and that: (i) he/she has a right to a hearing under section 424-a of the Social Services Law, regarding the record maintained in the State Central Register of Child Abuse and Maltreatment;(ii) a request for such a hearing must be made within 90 days of the receipt of the written notice of rejection which indicates that the rejection is based in whole or in part on the existence of the indicated report; and(iii) the sole issue at any such hearing will be whether the applicant has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report.(4) If in a hearing under section 424-a of the Social Services Law the department fails to show by a preponderance of the evidence that the applicant committed the act or acts upon which the indicated report is based, the department will notify the agency which made the inquiry that, pursuant to the hearing decision, any decision to deny the applicant based on the indicated report should be reconsidered, upon receiving such notification from the department, the agency should reopen the adoption study and review its decision without considering the indicated report.(5) Notwithstanding any other provision of this Part, the requirements of this section relating to an inquiry to the Statewide Central Register of Child Abuse and Maltreatment apply to a person applying to be an approved adoptive parent to an authorized agency as defined by section 371 (10)(a) (b) or (c) of the Social Services Law or an agency approved by the Office of Children and Family Services to place out children for the purpose of adoption in accordance with article 13 of the Not-for-Profit Corporation Law.(o) Inquiry of Out-of-State Child Abuse and Maltreatment Registry. (1) This subdivision applies where an applicant or other person over the age of 18 who resides in the home of the applicant resided in another state at any time during the five years preceding the application for approval as an adoptive parent made in accordance with this Part.(2) If the applicant or other person who resides in the home of the applicant has a history of child abuse or maltreatment in another state, the agency must determine on the basis of the information provided by the applicable child welfare agency in the other state and by the applicant and the guidelines developed by the Office of Children and Family Services, as referenced in subdivision (o) of this section, whether to approve or deny the application.(3) If the application is approved, the agency must indicate in the adoption study record the specific reason(s) why the application was approved where an applicant or other person who resides in the home of the applicant has a history of child abuse or maltreatment.(4) The agency must safeguard the confidentiality of the information received from the applicable child welfare agency in the other state to prevent unauthorized disclosure and such agency is prohibited from using such information for any purpose other than conducting background checks pursuant to this Part.(p) Additional factors. (1) Current abuse of alcohol or other drugs requires the rejection of an application. The record must clearly show how the finding of such abuse was made.(2) An applicant may not be rejected for past drug or alcohol abuse, or past psychiatric illness or treatment, unless the record shows how these factors would contribute to the applicant's inability to care for an adopted child.(q) Inquiry of Vulnerable Persons' Central Register. An adoption study must include inquiry of the Justice Center for the Protection of People with Special Needs regarding whether the applicant or other person over the age of 18 who resides in the home of the applicant is listed on the Vulnerable Person's Central Register.
(1) If the applicant or other person over the age of 18 who resides in the home of the applicant is listed on the Vulnerable Persons' Central Register, the agency must determine on the basis of the information it has available and in accordance with guidelines developed and disseminated by the Office of Children and Family Services whether to approve the application.(2) If the application is approved, the agency must indicate in writing in the adoption study record the specific reason(s) why the person who was listed in the above referenced register was determined to be appropriate to receive an adoption placement.(r) Inquiry of Vulnerable Persons' Central Register. An adoption study must include inquiry of the Justice Center for the Protection of People with Special Needs regarding whether the applicant or other person over the age of 18 who resides in the home of the applicant is listed on the Vulnerable Persons' Central Register.
(1) If the applicant or other person over the age of 18 who resides in the home of the applicant is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs, the agency must determine on the basis of the information it has available and in accordance with guidelines developed and disseminated by the Office of Children and Family Services whether to approve the application.(2) If the application is approved, the agency must indicate in writing in the adoption study record the specific reason(s) why the person who was listed in the above referenced register was determined to be appropriate to receive an adoption placement.N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.16
Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015Amended New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020