N.Y. Comp. Codes R. & Regs. tit. 18 § 421.18

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

Section 421.18 - Special provisions for adoptive placement

Each authorized agency shall:

(a) Prior to placement of a child for adoption, inform prospective adoptive parents of the procedures necessary for finalizing an adoption in accordance with section 421.19(i)(5) of this Part.

(b)

(1) At the time prospective adoptive parents indicate a desire to adopt a particular child, inform such parents if the child has minor siblings or half-siblings, and, if so, whether the minor siblings or half-siblings are free for adoption. Such parents must be asked if they would also be willing to adopt the child's minor siblings or half-siblings who are free for adoption.

(2) Discuss with the adoptive parents their willingness to facilitate contact between the adopted child and any siblings or half-siblings of such child, and inform the adoptive parents of the availability of services, if any, to assist in establishing and maintaining sibling contact.

(c) Make an effort to place each child in a home as similar to and compatible with his or her religious background as possible with particular recognition that section 373 (3) of the Social Services Law requires a court, when practicable, to give custody through adoption only to persons of the same religious faith as that of the child.

(d) Make placement decisions on the basis of the best interests of the child, including but not limited to:

(1) consideration of the appropriateness of placement in terms of the age of the child and of the adoptive parent(s);

(2) consideration of the physical and emotional needs of the child in relation to the characteristics, capacities, strengths and weaknesses of the adoptive parent(s). When making placement decisions, an authorized agency may consider the cultural, ethnic or racial background of the child and the capacity of the adoptive parent to meet the needs of the child with such a background as one of a number of factors used to determine best interests. Race, color or national origin of the child or the adoptive parent may be considered only where it can be demonstrated to relate to the specific needs of an individual child; and

(3) the requirement of authorized agencies to place minor siblings or half-siblings together in accordance with section 421.2(e) of this Part, unless the social services district, or the voluntary authorized agency with the guardianship and custody, has determined such placement to be detrimental to the best interests of one or more of the children. Such determination must establish that the placement would be contrary to the health, safety or welfare of one or more of the children. The determination must be made after consultation with, or an evaluation by, other professional staff, such as a licensed psychologist, psychiatrist, other physician, or certified social worker. Factors to be considered in making a determination of whether siblings or half-siblings may be placed separately must include, but are not limited to:

(i) the age differences among the siblings;

(ii) the health and developmental differences among the siblings;

(iii) the emotional relationship of the siblings to each other;

(iv) the individual service needs of the siblings; and

(v) the attachment of the individual siblings to separate families/locations.

The factors used by the social services district to determine whether siblings or half-siblings are to be placed separately must be documented in the children's uniform case records in accordance with section 428.6 of this Title. In the case of a child in the guardianship and custody of a voluntary authorized agency, the factors used to determine whether the child and the child's siblings or half-siblings are to be placed separately must be documented in the children's case records.

(e) Prior to the initial visit, ensure that the potential adoptive parent(s) have the opportunity to discuss and be fully informed about the child and that information specified in subdivision (b) of this section is provided.

(f) Arrange the initial visit of the child with the prospective adoptive parent(s) at a time and place convenient for all.

(g) Insure that placement occurs when child and parents are ready.

(h) At the time a child is placed in a prospective adoptive home, notify the prospective adoptive parent(s) in writing of his or her right to a fair hearing when a social services official fails to provide adoption services or assistance on behalf of a child freed for adoption when such services or assistance are authorized to be provided pursuant to section 372-b of the Social Services Law or the State Consolidated Services Plan.

(i) Arrange for contact between the adoptive parents and the caseworker within five working days after placement.

(j) Offer a personal interview to a family who has refused a child in order to identify their reasons for refusal and to clarify their adoption plans.

(k) At the time of placement require the adoptive parents and a duly appointed agency representative to sign an adoptive placement agreement that shall contain a statement of rights and responsibilities of the parents and the agency.

(l) At the time of placement, enter the following information about the placement in a bound book in accordance with subdivision 5 of section 384 of the Social Services Law:

(1) the date of placement;

(2) the date of the placement agreement;

(3) the name and address of the adoptive parents; and

(4) the first name of the child.

(m) To the extent available, provide to prospective adoptive parent(s) the psychological and medical histories, as described in section 373-a of the Social Services Law, of a child legally freed for adoption as well as that of his or her biological parents. In the case of finalized adoptions, such information shall be provided, upon request, to the child's adoptive parents. In all cases, information identifying biological parents shall be eliminated from all such psychological and medical histories. Agencies shall provide assistance to prospective adoptive parent(s) and adoptive parent(s) to understand the psychological and medical reports and the implications of such reports for the child's health.

(n)

(1) Where the person whose application to become an adoptive parent has been approved, but whose request to adopt a particular child who is eligible for adoption has been denied or not acted upon within 60 days of the request, and where such person is a foster parent seeking to adopt a child in his or her care or where a person seeking to adopt a child who is related within the second degree to the applicant or where the denial or delay is based in whole or in part upon the location of such person outside of the social services district or State of the authorized agency with custody of the particular child, inform such person that he or she has a right to a hearing to review such denial or failure to act if the request is made within 60 days of the denial or failure to act. Such hearing shall be conducted in accordance with section 372-e (4) of the Social Services Law.

(2) For purposes of this subdivision, a child who is related within the second degree to the applicant shall be the applicant's grandchild, nephew, niece, sibling, half-brother or half-sister.

(o) Where a person has been approved as the adoptive parent for a child in residential care, comply with the requirements of section 421.19(i) of this Part.

(p) At the time of placement, inform the adoptive parents of the right of an adopted person 18 years of age or older, or if the adopted person is deceased, the adopted person's direct line descendants, or the lawful representative of such adopted person or lawful representative of such deceased adopted person's direct line descendants, as the case may be, either to receive from the commissioner of the New York State Department of Health, the commissioner of Health and Mental Hygiene of the City of New York, the applicable local registrar or any person authorized by such commissioner or local registrar a certified copy of the adopted person's original long form birth certificate, including any change attached to that certificate by a biological parent or parents and any information provided to such commissioner or local registrar in accordance with state law or, where it is impossible for such commissioner or local registrar to provide a copy of the original long form birth certificate of a person adopted in this state and such certificate is not part of the records of such commissioner or local registrar, to receive from an authorized agency, as defined in paragraphs (a) and (b) of subdivision 10 of section 371 of the Social Services Law, identifying information regarding the adopted person and the adopted person's biological parents that would otherwise appear on an original long form birth certificate in this state. The adoptive parents may also be informed of the Adoption Information Registry and the Mutual Consent Voluntary Adoption Registry pursuant to sections 4138-c and 4138-d of the Public Health Law where the adoptee, the birth parents or the biological siblings may register with either registry to obtain more information about the adoption.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.18

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

Amended New York State Register May 5, 2021/Volume XLIII, Issue 18, eff. 5/5/2021