N.Y. Comp. Codes R. & Regs. Tit. 18§ 421.2 - Principles of adoption services
(a) For
each child deprived of a permanent family, an adoptive family shall be sought
in which he may have the opportunity for growth and development through loving
care, parental guidance and the security of a permanent home.
(b) Efforts to remove a child from the care
and custody of his biological parent, adoptive parent, or legal guardian shall
be undertaken only when it is clearly established that such action is in such
child's best interest.
(c) The
rights of children, biological parents, legal guardians, foster parents and
adoptive families shall be respected and protected through responsible agency
administration.
(d) In accordance
with section 373-a of the Social Services Law and
section
357.3(b)
of this Title, disclosure of the child's comprehensive health history is
required to be made to prospective adoptive parents. This includes information
related to a diagnosis of AIDS, HIV-related illness or HIV infection or an
HIV-related test. The terms AIDS, HIV-related illness, HIV infection and
HIV-related test are defined in section
360-8.1
of this Title. A prospective adoptive parent may redisclose confidential
HIV-related information concerning the child placed with such parent for
adoption.
(e) Minor siblings or
half-siblings who are free for adoption must be placed together in a
prospective adoptive family home unless the social services district or the
voluntary authorized agency with guardianship and custody determines that such
placement would be detrimental to the best interests of one or more of the
children. Such determination can be made only after a careful assessment, in
accordance with section
421.18(d)
of this Part, establishes that the placement would be contrary to the health,
safety or welfare of one or more of the children. The placement decision must
be fully documented in the case record.
(f) Each child under care in need of adoption
but not legally free for placement, shall be identified as early as possible,
and the pursuit of voluntary surrender or the legal process to sever those
parental or guardianship rights of custody and guardianship to the child
impeding his or her speedy placement in an adoptive family shall be
initiated.
Notes
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