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.