N.Y. Comp. Codes R. & Regs. tit. 18 § 421.4

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

Section 421.4 - Services to biological parent or legal guardian

Authorized agencies shall:

(a) take diligent steps to provide immediate services, either directly or by referral, to any biological parent or legal guardian coming to the agency including medical, social and casework services. Such medical, social and casework services shall include discussion of alternatives to adoption in making the best plan for the child and parent such as day care, job training and housing resources. There shall be referral to other agencies when indicated;

(b) offer services with the recognition of each person's inherent dignity, integrity and right to privacy and with the assurance that records will be kept confidential pursuant to the provisions of section 114 of the Domestic Relations Law, sections 4138-c, 4138-d and 4138-e of the Public Health Law and sections 136, 373-a and 409-f of the Social Services law;

(c) respect the right and responsibility of the biological parent or legal guardian to establish a plan for the child. The biological parent and legal guardian must be advised of the guardianship and custody provisions of section 383-c or 384 of the Social Services Law, as applicable, of the provisions for periodic family court review under article 3, 7 or 10-A of the Family Court Act, as applicable, and of the provisions for permanent neglect proceedings under part 1 of article 6 of the Family Court Act and section 384-b of the Social Services Law;

(d) give definite regular appointments to biological parent or legal guardian at reasonably frequent intervals. If an appointment is not kept, the caseworker shall endeavor to contact the biological parent or legal guardian immediately, making a home visit when appropriate, and recording as a permanent part of the record the reason why the appointment was not kept, when known;

(e) if a biological parent or legal guardian is referred to another community resource for service, ascertain the outcome of the referral as soon as practicable. When a report from a medical or psychiatric resource indicates the biological parent or legal guardian failed to keep the appointment or failed to contact the community resource, the agency shall make a diligent effort to reach the biological parent or legal guardian to determine the current situation, the reason for failing to contact the resource and the need for further agency service; and

(f) take diligent steps to identify the biological father of a child, whether born in or out of wedlock and determine as early as possible whether he seeks and can play a role in planning for the child, and explore the position of any putative father in accordance with section 111 (1)(d) and (e) of the Domestic Relations Law and section 421.5 of this Part.

(g) inform each biological parent 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 the 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 so 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 the 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. Biological 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 an adopted person, the biological siblings or the birth parents may register with either registry to obtain more information about the adoption.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.4

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