NY Dom Rel L § 115-D (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 3 - Private-Placement Adoption 115-D - Petition for Certification.

§  115-d.  Petition  for  certification.  1. Except as provided for in subdivision eight of this section, a person or persons  petitioning  for certification  as  a  qualified  adoptive parent or parents shall upon a form, promulgated by the chief administrator of the courts,  provide  to the court:  (a) the applicant's name or applicants' names, residential address and telephone number;  (b)  a  statement by the applicant or applicants that they are seeking certification by the court as a person  or  persons  qualified  to  take physical  custody  of  an  infant  prior  to or contemporaneous with the filing of a private-placement adoption petition;  (c) a statement by the applicant or  applicants  as  to  whether  such applicant  or applicants have been the subject of an indicated report of child abuse or maltreatment, pursuant to title six of article six of the social services law; and  (d) a statement that a pre-placement investigation will be  undertaken by  a  disinterested person, as such term is defined in subdivision four of this section, and that a written report of such investigation will be furnished directly to the court by such disinterested person with a copy of such report to  be  delivered  simultaneously  to  the  applicant  or applicants. Such disinterested person shall certify to the court that he or  she  is a disinterested person and has no interest in the outcome of the party's or parties' application.  Such  disinterested  person  shall further  disclose to the court any fee paid or to be paid to such person for   services   rendered   in   connection   with   the   pre-placement investigation.   Such petition shall also require information regarding:  (i)  the  marital and family status and history of the adoptive parent or parents;  (ii) the physical and mental health of the adoptive parent or parents;  (iii) the property owned by and  the  income  of  adoptive  parent  or parents;  (iv) whether the adoptive parent or either of the adoptive parents has ever  been  a  respondent in any proceeding concerning allegedly abused, neglected, abandoned or delinquent children; and  (v)  whether  the  applicant  or  applicants  have  made   any   prior application  for certification as a qualified adoptive parent or parents and, if so, the disposition of such application for certification.   2. In any case where the applicant or  applicants  do  not  intend  to cause  a  pre-placement  investigation  to be undertaken pursuant to the provisions of paragraph (d) of subdivision one  of  this  section,  such applicant   or   applicants   shall  request  the  court  to  appoint  a disinterested person to conduct such  pre-placement  investigation.  The investigative  written  report  shall  be  submitted  to  the  judge  or surrogate within thirty days, unless for good cause shown the  judge  or surrogate shall grant a reasonable extension of such period.   3.  Such  applicant or applicants shall be financially responsible for the costs of  any  pre-placement  investigation  conducted  pursuant  to subdivision one or two of this section.   3-a.  (a)  The court shall submit fingerprint cards and order a report from the  division  of  criminal  justice  services  setting  forth  any existing criminal history record of the applicant for certification as a qualified adoptive parent.  (b)  Notwithstanding  any  other  provision  of law to the contrary, a petition for certification as  a  qualified  adoptive  parent  shall  be denied  where  a  criminal  history  record  of  the applicant reveals a conviction for (i) a felony conviction at any time involving: (1)  child abuse  or  neglect;  (2)  spousal  abuse;  (3)  a crime against a child,  including  child  pornography;  or  (4)  a  crime  involving   violence, including  rape,  sexual  assault,  or  homicide,  other  than  a  crime involving physical assault or  battery;  or  (ii)  a  felony  conviction within  the  past  five  years  for  physical  assault,  battery,  or  a drug-related offense.  (c) For the purposes  of  this  subdivision,  "spousal  abuse"  is  an offense  defined  in  section  120.05,  120.10, 121.12, or 121.13 of the penal law where the victim of such offense was the  defendant's  spouse; provided,  however, spousal abuse shall not include a crime in which the applicant was the defendant, and the court finds in accordance with this subdivision that he or  she  was  the  victim  of  physical,  sexual  or psychological  abuse  by the victim of such offense and such abuse was a factor in causing the applicant to commit such offense.   4. A pre-placement investigation conducted pursuant to the  provisions of  this  section  shall  be  made  by a disinterested person who in the opinion  of  the  judge  or  surrogate  is  qualified  by  training  and experience  to examine into the allegations set forth in the application and any other factors which may be relevant to the  suitability  of  the applicant  or  applicants as a qualified adoptive parent or parents. For the purposes of this section, a disinterested person shall also  include a  licensed  master  social worker, licensed clinical social worker, the probation  service  of  the  family  court  or  an   authorized   agency specifically   designated   by   the   court  to  conduct  pre-placement investigations.   5. Such disinterested person shall  file  with  the  court  a  written report  of  his  or her investigation into the truth and accuracy of the allegations set forth in the application and his or her investigation of the various factors which may be relevant  to  the  suitability  of  the applicant   or   applicants   as   qualified   adoptive   parents.  Such investigation shall include, but not be limited to, a personal interview and visit at the applicant's or applicants' home and an investigation of any other facts relating to the familial, social,  religious,  emotional and  financial circumstances of the adoptive parent or parents which may be relevant to certification as a qualified adoptive parent or parents.   6. Certification and provisional certification. If after consideration of the report submitted by  the  disinterested  person,  and  all  other relevant  and  material  factors,  the court grants the application, the applicant or applicants may accept physical custody of a child  for  the purposes of adoption, either prior to or contemporaneous with the filing of  an adoption petition. The order granting the petition shall be valid for a period not to exceed eighteen months  and  shall  be  accepted  as proof of certification by any court of competent jurisdiction within the state.  The  court  may  in  its discretion grant a conditional order of certification upon satisfactory completion and submission of a  petition wherein  the  prospective  adoptive  parent or parents indicate no prior criminal convictions or founded findings of child abuse or neglect,  and after completion of a disinterested person investigation provided for in this  section, pending completion of any further reports, investigations or inquiries ordered by the court or required by any  other  statute  or court  rule.  A  conditional  order  of certification shall be valid and remain in force and effect until replaced by an order  of  certification or by an order denying the petition, whichever shall first occur, but in no  event  shall  such  provisional  certification  continue  beyond one hundred eighty days from the date of original  issuance.  If  the  court denies  the petition, the reasons for such denial shall be stated on the record or in the order.   7. Nothing in this section shall be deemed to waive, limit or restrict the provisions of any other law  requiring  any  inquiry,  disinterested  person  investigation  or court review of any persons seeking to adopt a child under any provision of law.   8. The provisions of this section shall not apply to petitions brought by  a  step-parent for the adoption of a step-child where the step-child has resided with the birth parent and the step-parent for  a  continuous period of at least one year.   9.  Extension  of certification. When a petition for adoption is filed by a qualified parent or parents previously certified and the balance of the time period remaining under such certification  in  accordance  with subdivision  six of this section is less than one year, the court may on its own motion or on the motion  of  the  petitioners  extend  the  time period  of the original certification to a date eighteen months from the date of filing of the adoption petition. When a petition for adoption is filed by  a  qualified  parent  or  parents  who  have  previously  been certified by an order which has expired within a year preceding the date of  the  adoption petition, the court may extend the termination date of the earlier certification until eighteen months from the filing of  such petition, provided the petitioner apply for such extension and set forth any  change  of  circumstances  of the qualified parent or parents since issuance and expiration of the last certification which may be  relevant and  material  to  the extension of such certification and affix thereto written verification of any such changed circumstance or lack thereof by a disinterested person as defined in subdivision four of  this  section. Except  as  is  provided  for  by  this subdivision, the court shall not extend  a  previously  expired  order  of  certification.  Any   further certification   shall   require   the  filing  of  a  new  petition  for certification in accordance with subdivision six of this section.   In any  instance  when  the  court  determines  whether  to  extend  a certification  under this subdivision, the court, in its discretion, may order each or any of (a) a report from the statewide central registry of child abuse and maltreatment to  determine  whether  the  child  or  the petitioner  is  or has been the subject of or another person named in an indicated report, as such terms are  defined  in  section  four  hundred twelve  of  the  social  services  law,  filed with such register, (b) a report from the division of criminal justice services setting forth  any criminal record of such petitioner or petitioners, and (c) an additional pre-placement  investigation to be undertaken by a disinterested person. Nothing herein shall be deemed to require that the court enter  such  an order.