N.Y. Comp. Codes R. & Regs. tit. 18 § 443.9

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

Section 443.9 - Concurrent certification/approval of foster parent and approval of adoptive parent

(a) At the time of application for certification or approval as a foster parent pursuant to this Part, an applicant is authorized, but not required, to also apply for approval as an adoptive parent as set forth in Part 421 of this Title. Nothing herein may be deemed to require an individual to apply for concurrent certification/approval.

(b) Except as set forth in subdivision (c) of this section, the standards for studying an individual for approval as an adoptive parent are the same as those for the certification or approval of a foster parent as set forth in this Part. An applicant for concurrent foster home certification/approval and adoptive parent approval will not be required to submit dual documentation to the authorized agency.

(c) In addition to the standards referenced in subdivision (b) of this section, the authorized agency must apply the marital standards as set forth in section 421.16(d) of this Title.

(d) When an adoption study has been completed and an authorized agency intends to approve an applicant, it must:

(1) prepare a written summary of the study findings and activities, including:

(i) significant characteristics of their family members;

(ii) the family interaction;

(iii) the family's relationship to other persons and the community;

(iv) the family's child rearing practices and experiences; and

(v) any other material needed to describe the family for adoption purposes;

(2) make such written summary available to workers in the agency or other agencies responsible for making placement decisions about children;

(3) arrange for the applicant(s) to review this written summary with the exception of any comments by references which have sought confidentiality;

(4) give applicant(s) the opportunity to enter their reaction as an addendum to the written summary;

(5) arrange for the applicant(s) and the caseworker to sign the summary after it has been reviewed and any addendum has been attached; and

(6) provide a dated written notice of approval to applicant.

(e) When the authorized agency discontinues the adoption home study process by mutual consent:

(1) the applicant's record must reflect the discussion leading to such mutual agreement to discontinue; and

(2) the applicant must be informed in writing of the discontinuation of the adoption study.

(f) An authorized agency may reject an applicant during the adoption study process if the applicant does not permit the study to be carried out.

(g) An authorized agency may reject an applicant if it is determined after a thorough adoption study based on casework principles that the applicant is:

(1) physically incapable of caring for an adopted child;

(2) emotionally incapable of caring for an adopted child; or

(3) that the applicant's approval would not be in the best interests of the children awaiting adoptions.

(h) A decision to reject an applicant must be made by at least two staff members in conference, one of whom shall be at a supervisory level.

(i) The record must reflect the names of the participants in the decision and the reason for the decision.

(j) The agency must inform the applicant in writing that he has not been accepted, stating its reason(s) for rejection. If the rejection is based in whole or in part on the existence of an indicated report of child abuse or maltreatment, that fact and the reasons therefore must be included in the notice.

(k) The notification must offer the applicant the opportunity to discuss this decision in person with the worker's supervisor.

(l) The notification must inform the applicant that he or she may apply for a hearing before the Office of Children and Family Services pursuant to section 372-e of the Social Services Law regarding the rejection of the application and must state the procedure to be used for this purpose.

(m) If the reason for the rejection is based in whole or in part on the existence of an indicated report of child abuse or maltreatment, the agency must comply with the provisions of section 421.16(o) of this Part pertaining to notice of right to a hearing pursuant to section 424-a of the Social Services Law.

(n) At the conclusion of the adoption study process, the registering agency must update the adoptive parent registry required by section 424.3(a) of this Title, either by noting that an applicant has had the study approved or, in the case of a study resulting in either discontinuation or rejection, removing the applicant from the registry.

(o) The standards set forth in section 421.18 of this Title relating to the finding of a child and provisions for adoptive placements apply to individuals approved as adoptive parents in accordance with this section.

(p) If an authorized agency determines that an applicant has not satisfied the standards for approval or certification as a foster parent or approval as an adoptive parent or both, the authorized agency must apply the applicable standards for the denial of an application for approval or certification as a foster parent, as set forth in section 443.3(c) of this Part, and/or the standards for the denial of an application for approval as an adoptive parent, as set forth in subdivisions (f) and (g) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.9

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