NY Soc Serv L § 372-F (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 372-F - Statewide Adoption Service.

§  372-f. Statewide adoption service. 1. There shall be established by the department either directly or through purchase a statewide  adoption service  which  shall  serve  all  authorized agencies in the state as a means of recruiting adoptive families for children who have been legally freed for adoption but have remained in foster  care  for  a  period  of three  months  or  more.    Such period in foster care shall include any period of foster care immediately preceding the date on which the  child was  legally  freed for adoption. The service shall provide descriptions and photographs of such children,  and  shall  also  provide  any  other information  deemed  useful  in the recruitment of adoptive families for each such child. The service shall be updated monthly.   2. The service may be organized on a  regional  basis,  but  shall  be provided  to all authorized child caring agencies and in accordance with the regulations of the department, to all appropriate citizen groups and other organizations and associations interested in children's services.   3.  The  department  shall  promulgate   regulations   governing   the operations of the adoption service.   4.  (a) Except as set forth in paragraph (b) of this subdivision, each authorized agency shall refer to the adoption service, accompanied by  a photograph  and  description,  as  shall  be  required  by  departmental regulations, each child in its care  who  has  been  legally  freed  for adoption  and  who  has  been in foster care for the period specified in subdivision one of this section and for whom no adoptive home  has  been found.  If  the child is fourteen years or older and will not consent to his or her adoption, such child need not be listed on the service.  Such children's  names shall be forwarded to the department by the authorized agency, with reference to the specific reason by which the child was not placed on the service. The department  shall  establish  procedures  for periodic  review  of  the  status  of  such  children. If the department determines that adoption would be appropriate for  a  child  not  listed with  the  service,  the  agency  shall  forthwith  list the child. Each authorized agency may voluntarily refer any child who has  been  legally freed  for  adoption.  In  addition,  upon  referral  of  a  child by an authorized agency, the department may determine that the  listing  of  a child  with  the service is not in the child's best interest where:  the child has been placed  with  a  relative  within  the  third  degree  of consanguinity  of the parents of the child and the child does not have a permanency goal of adoption, or the child is  not  emotionally  prepared for  an  adoptive placement. Any child who is not listed based on one of these factors and who is not placed in an adoptive placement within  six months  of referral to the department must be listed with the service at the end of the six month period in accordance with  regulations  of  the department  except  where the child is placed with a relative within the third degree of consanguinity of the parents of the child, in which case the department may determine that the listing continues to  be  contrary to the child's best interests. The department shall establish procedures for the periodic review of the status of such children.  (b)  An  authorized  agency  shall not refer to the adoption service a child in its care who has been legally freed for adoption when the child has been placed with a foster parent who has expressed, in  writing,  an interest in adopting the child; provided, however, that such child shall be  referred to the adoption service in accordance with paragraph (a) of this subdivision where the  foster  parent  has  withdrawn  interest  in adopting  the  child or has been disapproved as an adoptive resource for the child. An authorized agency shall not refer to the adoption  service a  child  in  its care who has been legally freed for adoption where the agency has identified two or more potential placements  for  the  child; provided,  however,  that  such  child shall be referred to the adoption  service in accordance with paragraph (a) of this subdivision  when  such child  has  not  been placed into an adoptive home within nine months of having been freed for adoption.