N.Y. Comp. Codes R. & Regs. tit. 18 § 421.19

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

Section 421.19 - Foster parents

(a) Authorized agencies must:

(1) inform foster parents that a child in their care who is free or to be freed for adoption and inform foster parents who have not completed an application to become adoptive parents of the procedure for applying to adopt the child;

(2) inform foster parents if the child in their care who is free for adoption has minor siblings or half-siblings who are also free for adoption;

(3) inform foster parents that children in a sibling group must be placed together in a prospective adoptive home unless a documented assessment in accordance with section 421.18(d) of this Part determines that such placement would be contrary to the health, safety or welfare of one or more of the children; and

(4) conduct group and/or individual meetings with foster parents to review the legal difference between foster care and adoption and the availability of adoption subsidies.

(b) Authorized agencies shall offer an adoption application to foster parents or refer them to an authorized agency which operates an adoption program when:

(1) a child in their care for 12 continuous months is surrendered or parental rights are terminated; or

(2) a plan to free a child is made for a child who has been in their home for 12 continuous months.

(c) Authorized agencies operating an adoption program shall accept an adoption application from a foster parent seeking to adopt a child who has been in his home for less than 12 continuous months. Such applicants shall be studied according to the priority system specified in subdivision (a) of section 421.13 of this Part.

(d) Authorized agencies operating an adoption program shall acknowledge in writing a completed application from a certified, licensed or approved foster parent within 10 days of receipt.

(e) Authorized agencies operating an adoption program must assess and prepare foster parent adoptive applicants as rapidly as possible, as follows:

(1) review the information about the family:

(i) obtained in the original foster home study;

(ii) obtained in annual recertification; and

(iii) available to agency caseworkers supervising the home and the child at issue;

(2) identify those items of information needed in an adoption study which are lacking or insufficiently current;

(3) identify those areas of family functioning which may need further exploration or strengthening; and

(4) conduct an adoption study process which:

(i) does not repeat information gathering activities with regard to information already available;

(ii) obtains additional or updated information as rapidly as possible, including obtaining the results of any criminal history record check completed on the foster parent and each person over the age of 18 currently residing in the home of the foster parent in accordance with section 443.8 of this Title and conducting a State criminal history record check through the Division of Criminal Justice Services on any person over the age of 18 in the home who has not previously had such a State criminal history check and conducting a national criminal history record check through the Federal Bureau of Investigation on the foster parent and each person over the age of 18 currently residing in the home of the foster parent;

(iii) focuses on areas identified as needing further exploration or strengthening;

(iv) clarifies for the applicant the difference between foster care and adoption and the issues involved in obtaining an adoption subsidy;

(v) includes inquiring of the Office of Children and Family Services whether an applicant or other person over the age of 18 who resides in the home of the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment, in accordance with the provisions of section 421.16(o) of this Part and, if the 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 made pursuant to this section, includes inquiring of the applicable child welfare agency in each such state for child abuse and maltreatment information maintained by that state's child abuse and maltreatment registry, in accordance with the provisions of section 421.16(p) of this Part; and

(vi) includes inquiring of the Justice Center for the Protection of People with Special Needs whether an 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, in accordance with section 421.16(r) of this Part.

(f) Authorized agencies operating an adoption program shall complete the adoption study process of foster parents whose studies have been initiated in accordance with the priority scheme specified in subdivision (a) of section 421.13 of this Part, in approval, discontinuation, or rejection within the following time limits:

(1) within two months of receipt of the completed application for a child who is legally free; or

(2) within four months of receipt of the completed application where the child is not yet legally free, but in no event more than two months after the date the child becomes legally free.

(g) Authorized agencies must:

(1) reject an applicant foster parent during or at the conclusion of the study only in accordance with sections 421.15(g) and 421.27 of this Part;

(2) in its letter of rejection indicate that the child is available for adoption by other persons and will immediately be photo-listed;

(3) if the removal of the child from the foster home is not initiated within three months of rejection, document in the child's record the specific reasons why the family continues to be acceptable as a foster family for this child although not acceptable as an adoptive family for the same child; and

(4) document in the foster family record, if recertification or reapproval is granted, why the home continues to be suitable for foster care and not for adoption.

(h) Authorized agencies:

(1) shall discontinue the study of a foster parent applicant only by mutual consent as specified in section 421.15(f) of this Part; and

(2) shall state in the letter indicating discontinuation that the child is available for adoption by other persons and will immediately be photo-listed.

(i) Authorized agencies approving a foster parent for adoption of the child in their home shall:

(1) give approval in writing;

(2) if the child is legally free at the time of approval:

(i) accompany the approval letter with an adoption agreement;

(ii) notify the approved adoptive parent in writing of his or her fair hearing rights under section 421.18(h) of this Part;

(iii) inform the parent that if the adoption agreement is not signed and returned within one month of the date of the approval letter their application shall be considered withdrawn and the child will be photo-listed;

(iv) inform the parents in writing that if they fail to petition the court to adopt the child within three months of the date of the approval letter their application will be considered to be withdrawn, their agreement abrogated and another home will be sought for the child by photo-listing and other means; and

(v) inform the parents in the approval letter of the procedures necessary to adopt the child in accordance with paragraph (5) of this subdivision;

(3) if the child is not legally free at the time of approval:

(i) inform the foster parents of that fact in the approval letter;

(ii) provide for the agency's attorney to serve written notice promptly on foster parents who have been approved by the agency to adopt a child in their care:

(a) of the entry of a court order approving the surrender of the child or committing the custody and guardianship of the child to the authorized agency; and

(b) that an adoption proceeding may be commenced upon the entry of the order;

(iii) send with the written notice required by subparagraph (ii) of this paragraph:

(a) an adoption agreement;

(b) a statement that:

(1) the adoption agreement must be signed and returned within one month of the date of the written notice that the child is free for adoption; and

(2) if the adoption agreement is not signed and returned within that time, the adoption application will be considered to be withdrawn and another home will be sought for the child by photo-listing and other means;

(c) where appropriate, an adoption subsidy agreement;

(d) a written notice informing the foster parents of the right of an adoptive parent to a fair hearing under section 421.18(n) of this Part where the adoptive parent's request to adopt a child in his or her care has been denied or has not been acted upon within 60 days of the request; and

(e) a statement that if the petition to the court to adopt the child is not filed within three months of the date of the notification letter, the adoption application will be considered withdrawn, the adoption agreement abrogated and another home will be sought for the child by photo-listing and other means;

(4) document compliance with section 421.24(b) of this Part;

(5) inform the foster parents in writing of the following procedures necessary to adopt the child:

(i) An adoption petition must be filed by the parents or their attorney as soon as possible but in no event later than three months after receiving notice that the child is legally free for adoption, subject to the provisions of this subparagraph. Where the child was freed through an extra-judicial surrender, the petition may not be filed until at least 45 days after the surrender was executed. Where the child was freed through an order of a court committing custody and guardianship of the child to the authorized agency under article six of the Family Court Act, the petition may not be filed until at least 30 days after service of the order of commitment on the parent. If the order committing custody and guardianship is appealed, the petition may not be filed until after the appeal is finally resolved and then only if the order of commitment remains in place. The petition must be filed in a court of competent jurisdiction and must comply with the requirements of section 112 of the Domestic Relations Law.

(ii) The adoption petition must be accompanied by an affidavit of readiness from the petitioners' attorney attesting that the petitioners have prepared the petition for the adoption of the child and have collected the documentation required in section 112 of the Domestic Relations Law. The petition and required documentation must be complete before the court may consider the petition to be filed. After the petition is filed, the court must review the petition and documents.

(iii) The authorized agency must present to the court a schedule which has been verified by an official of the agency providing information on the child and the child's birth parents as required by section 112 (3) of the Domestic Relations Law. This verified schedule must be annexed to the petition.

(iv) The adoption petition must be verified, as required by section 112 (5) of the Domestic Relations Law.

(v) If the child being adopted is less than 18 years of age, the child must have resided with the adoptive parents for at least three months. This requirement is met when foster parents are adopting a child who has been in their home for a period in excess of three months.

(vi) The court must inquire of the department and the department must inform the court whether the adoptive parents are the subjects of an indicated report of child abuse or maltreatment maintained in the Statewide Central Register of Child Abuse and Maltreatment, pursuant to section 112 (7) of the Domestic Relations Law.

(vii) The court must cause an investigation to be made by a disinterested person or authorized agency to examine the allegations set forth in the petition and to ascertain such other facts about the adoptive child and adoptive parents as will enable the court to determine the propriety of approving the adoption, pursuant to section 112 (7) of the Domestic Relations Law. A written report of the investigation must be made before the order of adoption may be made.

(viii) Upon the filing of the documents required by section 112 (2), (2-a), (3), (5) and (7) of the Domestic Relations Law and the court rules, the court will calendar the adoption proceeding for review to determine if there is adequate basis to approve the adoption.

(a) If the court finds that there is adequate basis to approve the adoption, the court will calendar the appearance of the adoptive parents and the child before the court for approval of the adoption.

(b) If the court finds there is not adequate basis for approval of the adoption, the proceeding will be adjourned and the court may require further hearings, submissions or appearances as may be required to make a decision on the case.

(ix) When the court is satisfied that adoption is in the best interests of the child, the court will issue an order of adoption, pursuant to section 114 of the Domestic Relations Law.

(x) None of the papers in the proceeding may state the surname of the child in the title and no document to be signed by the adoptive parents may contain the surname of the child, pursuant to section 112 (4) of the Domestic Relations Law.

(j) Removal of a child from foster family care must comply with section 443.5 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.19

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

Amended New York State Register January 25, 2017/Volume XXXIX, Issue 04, eff. 1/25/2017