N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.52 - Adoption rules; application; timing and venue of filing of petition
(a)
Sections
205.53
through
205.55 of
this Part shall be applicable to all agency and private- placement adoption
proceedings in Family Court.
(b) In any agency adoption, a petition
may be filed to adopt a child who is the subject of a termination of parental
rights proceeding and whose custody and guardianship has not yet been committed
to an authorized agency, provided that:
(1) the adoption petition is filed in the
same court where the termination of parental rights proceeding is pending;
and
(2) the adoption
petition, supporting documents and the fact of their filing shall not be
provided to the judge before whom the petition for termination of parental
rights is pending until such time as fact-finding is concluded under that
petition.
(c) Where a child is under the
jurisdiction of the Family Court as a result of a placement in foster care
pursuant to article 10 or 10-A of the Family Court Act or section
358-a of the Social Services Law, the
adoption petition regarding the child shall be assigned, wherever practicable,
to the Family Court judge who last presided over the child's child protective,
foster care placement, permanency, surrender or termination of parental rights
proceeding. Where the adoption petition has been filed regarding such a child
either before a different judge in a different court or before a court in a
different county, the petitioner shall so indicate in the petition and the
petitioner's attorney shall file an affirmation by the attorney for the
petitioner on a uniform form promulgated by the Chief Administrator of the
Courts attesting to the reasons for, and circumstances regarding, such filing.
The court in which the adoption petition has been filed shall stay the
proceeding for not more than 30 days in order to communicate with the Family
Court judge who presided over the child's most recent child protective, foster
care placement, permanency, termination of parental rights or surrender
proceeding, and afford the agency attorney and child's attorney in the
respective proceedings an opportunity to be heard orally, in person or by
telephone, or in writing. Pursuant to section
113 of the Domestic Relations Law, the
Family Court judge who presided over the child's case shall determine whether
the adoption petition should be transferred or should be heard in the court in
which it has been filed and shall record that determination on a uniform form
promulgated by the Chief Administrator of the Courts. This determination shall
be incorporated by the court in which the adoption petition has been filed into
an order on a uniform form promulgated by the Chief Administrator of the Courts
either retaining or transferring the petition. If the adoption petition is to
be transferred, the transfer must take place forthwith, but in no event more
than 35 days after the filing of the petition.
Notes
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