NY Soc Serv L § 374 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 374 - Authority to Place Out or Board Out Children.

§  374. Authority to place out or board out children. 1. An authorized agency is hereby empowered and permitted to  place  out  and  board  out children.   1-a.  In any agreement between an authorized agency and foster parents with whom a child or children are to be placed or boarded,  there  shall be contained therein the following language: "It is duly acknowledged by the  parties hereto that pursuant to the law of the state of New York, a foster parent shall have preference in  any  proceedings  to  adopt  the child  subject  to  this  agreement  upon  such child having been in the custody of such foster parent for a period in excess of twelve months".   2. No person, agency, association, corporation,  institution,  society or  other  organization  except  an authorized agency shall place out or board out any child  but  the  provisions  of  this  section  shall  not restrict  or  limit  the  right  of a parent, legal guardian or relative within the second degree to place out or board out a child.   3. Except as hereinafter provided no court, public  board,  commission or  official  shall  place  out  or  board  out  a child in a family not residing within this state.  (a) A commissioner of public welfare or a city public welfare  officer authorized,   pursuant  to  the  provisions  of  section  three  hundred ninety-eight of the social welfare law, to accept  the  surrender  of  a child, may place out a child for the purpose of adoption in a family not residing  within  this  state.  No  placement of a child in a family not residing within this state shall be made unless an  agreement  for  such placement  shall  have  been reached between the public welfare official making such placement  and  the  appropriate  welfare  or  other  public official on a state or local level in the state where the family resides who  is  authorized  by  law  to  supervise children in institutional or foster care homes.  Such  agreement  shall  include  provision  for  the supervision  of  the  family and the child during the period preceding a final adoption.  (b) A commissioner of public welfare or a city public welfare  officer authorized,   pursuant  to  the  provisions  of  section  three  hundred ninety-eight of the social welfare law,  to  place  children  in  family homes, may board out a child in a family not residing within this state. No  child  may be boarded out in a family not residing within this state unless an agreement for such placement shall have been  reached  between the  public  welfare  official making such placement and the appropriate welfare or other public official on a state or local level in the  state where  the family resides who is authorized by law to supervise children in institutional or foster care  homes.  Such  agreement  shall  include provision  for  the  supervision  of the family and the child during the period while the child is boarded out.   4.  (a)  No  hospital  or  lying-in  asylum  whether  incorporated  or unincorporated  where  women  or  girls  may  be  received, cared for or treated  during  pregnancy  or  during  or  after  delivery  except   as hereinafter  provided and no person licensed to carry on like work under the provisions of article twenty-eight of the public health law shall be an authorized agency for placing out or boarding out children  or  place out  any child in a foster home whether for adoption or otherwise either directly or indirectly or as agent or representative of  the  mother  or parents of such child.  (b)  Every such hospital and licensed person shall forthwith report to the county or city officer or board charged by  law  with  the  care  of destitute  children away from their homes where such hospital is located or where such child is cared for  by  such  licensed  person  any  child abandoned  or  left  in the care or custody of such hospital or licensed person provided, however, that no such  report  except  as  provided  in  section  three  hundred  seventy-two  shall  be required to be made by a hospital which is also an authorized agency.  (c)  Such  officer or board shall receive and care for such child as a destitute or abandoned child and may bring the case of such child before the family court in the county or city for adjudication.  (d) The expense of caring for such child as a public charge  shall  be paid as provided by this chapter.   5. Nothing contained in this section shall deprive any hospital of any right  or power conferred upon it by its charter or act of incorporation or specified in its certificate of incorporation.   6. An authorized agency, as defined  in  paragraphs  (a)  and  (c)  of subdivision  ten of section three hundred seventy-one of this title, may charge or accept a fee or other compensation to  or  from  a  person  or persons  with  whom  it  has  placed out a child, for the reasonable and necessary expenses  of  such  placement;  and  no  agency,  association, corporation,  institution,  society  or  organization,  except  such  an authorized agency, and no person may or shall request, accept or receive any  compensation  or  thing  of  value,  directly  or  indirectly,   in connection  with the placing out or adoption of a child or for assisting a birth parent, relative or guardian of a child  in  arranging  for  the placement of the child for the purpose of adoption; and no person may or shall  pay  or  give  to  any  person  or  to  any  agency, association, corporation,  institution,  society  or  organization,  except  such  an authorized agency, any compensation or thing of value in connection with the  placing out or adoption of a child or for assisting a birth parent, relative or guardian of a child in arranging for the  placement  of  the child  for  the  purpose  of adoption. The prohibition set forth in this section applies to any adoptive placement  activity  involving  a  child born  in  New  York  state or brought into this state or involving a New York resident seeking to bring a child  into  New  York  state  for  the purpose of adoption.   This  subdivision  shall  not  be  construed to prevent the payment of salaries or other compensation by an authorized agency to  the  officers or  employees  thereof; nor shall it be construed to prevent the payment by a person with whom a child has been  placed  out  of  reasonable  and actual  medical  fees  or  hospital  charges  for  services  rendered in connection with the birth of such child or of other  necessary  expenses incurred  by  the  birth mother in connection with or as a result of her pregnancy or the birth  of  the  child,  or  of  reasonable  and  actual nursing,  medical  or  hospital fees for the care of such child, if such payment is made to  the  physician,  nurse  or  hospital  who  or  which rendered the services or to the birth mother of the child, or to prevent the  receipt of such payment by such physician, nurse, hospital or birth mother. This subdivision shall not be construed to prevent  the  payment by  an  adoptive  parent,  as defined in section one hundred nine of the domestic relations law, of the  birth  mother's  reasonable  and  actual expenses  for  housing,  maternity  clothing, clothing for the child and transportation for a reasonable period not to exceed sixty days prior to the birth and the later of thirty days after the birth  or  thirty  days after  the  parental consent to the adoption, unless a court determines, in writing, that  exceptional  circumstances  exist  which  require  the payment of the birth mother's expenses beyond the time periods stated in this  sentence.  This  subdivision shall not be construed to prevent the payment by an adoptive parent, as defined in section one hundred nine of the domestic relations law, of reasonable and actual legal fees  charged for   consultation   and   legal   advice,  preparation  of  papers  and representation and other legal services rendered in connection  with  an adoption  proceeding or of necessary disbursements incurred for or in an  adoption proceeding. No attorney or law firm shall serve as the attorney for, or provide any legal services to both the birth parent and adoptive parent in regard to the placing out of a child for  adoption  or  in  an adoption proceeding. No attorney or law firm shall serve as the attorney for,  or  provide  any  legal services to, both an authorized agency and adoptive parent or both an authorized agency and birth parent where  the authorized  agency  provides  adoption  services to such birth parent or adoptive parent, where the authorized agency provides  foster  care  for the  child,  or  where  the  authorized agency is directly or indirectly involved in the placing out of such child for adoption.   7. After receipt of notice from the state commissioner  of  health  or the  department  of  health of the city of New York, as the case may be, that an application has been received by such commissioner or department for a license or for the renewal of a license  to  conduct  a  maternity hospital  or  lying-in  asylum,  pursuant  to  the provisions of article twenty-eight of the public  health  law,  the  department  shall,  after notice  to the applicant and opportunity for him to be heard, certify in writing to such commissioner or city department that the department  has reasonable  cause  to  believe  that  the  applicant is violating or has violated the provisions of this  section,  if  such  be  the  case.  The department  shall  so certify within thirty days of the date it received notice, or within such additional period, not to exceed thirty days,  as the  department  may request in writing addressed to the commissioner or administration giving notice.