NY Dom Rel L § 113 (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 2 - Adoption From an Authorized Agency 113 - Special Provisions Relating to Adoption From Authorized Agencies.

§  113.  Special  provisions  relating  to  adoption  from  authorized agencies.  1. An authorized agency may consent  to  the  adoption  of  a minor  whose  custody  and  guardianship  has  been  transferred to such agency. An authorized agency may also consent to the adoption of a minor whose care and custody has been transferred to such agency  pursuant  to section one thousand fifty-five of the family court act or section three hundred  eighty-four-a  of  the  social services law, where such child's parents are both deceased, or where one parent is deceased and the other parent is not a person entitled  to  notice  pursuant  to  sections  one hundred eleven and one hundred eleven-a of this chapter.   2.   In  accordance  with  subparagraph  three  of  paragraph  (g)  of subdivision six of section three  hundred  ninety-eight  of  the  social services  law,  an  authorized  agency may submit a written request to a social services district with a population of more than two million  for approval  to  consent  to  the  adoption  of  a  child whose custody and guardianship, or  of  a  child  where  such  child's  parents  are  both deceased,  or  where  one parent is deceased and the other parent is not entitled to notice pursuant to  sections  one  hundred  eleven  and  one hundred  eleven-a  of this chapter, and whose care and custody, has been transferred to a social services official and who has been placed by the social services official with the authorized agency. If the  request  is not  disapproved by the social services district within sixty days after its submission, it shall be deemed approved, and the  authorized  agency may  give  all  necessary  consent to the adoption of the child. Nothing herein shall result in the transfer of care and custody or  custody  and guardianship  of  the  child  from  the  social services official to the authorized agency.   3. (a) The agreement of adoption shall be executed by such  authorized agency.  (b)(i) If the adoption petition is filed pursuant to subdivision eight of  section  one  hundred  twelve  of this article or subdivision ten of section three hundred eighty-three-c or subdivision  eleven  of  section three  hundred  eighty-four-b  of  the social services law, the petition shall be filed in the county where the termination  of  parental  rights proceeding  or  judicial surrender proceeding, as applicable, is pending and shall be assigned, wherever practicable, to the same judge.  (ii) In any other agency adoption proceeding, the  petition  shall  be filed  in the same court and, wherever practicable, shall be assigned to the same  judge  of  the  county  in  which  parental  rights  had  been terminated,  a  judicial  surrender had been approved or the most recent proceeding under article ten or ten-A of the family court act or section three hundred fifty-eight-a of the social services law had  been  heard, whichever  occurred  last,  or  in the county where the adoptive parents reside or, if such adoptive parents do not reside in this state, in  the county  where  such  authorized  agency  has  its  principal office. The following procedures shall be applicable in cases  where  the  child  is under  the  jurisdiction  of  a  family  court,  but  where the adoption petition has been filed in a court other than the  court  that  presided over  the  termination  of  parental  rights,  surrender  or most recent proceeding under article ten or ten-A of the family court act or section three hundred  fifty-eight-a  of  the  social  services  law,  whichever occurred last:  (A) Before hearing such an adoption proceeding, the court in which the adoption  petition  was filed shall ascertain whether the child is under the jurisdiction of a family court as a  result  of  a  placement  under article  ten  or  ten-A of the family court act or section three hundred fifty-eight-a of the social services  law,  a  surrender  under  section three  hundred eighty-three-c or three hundred eighty-four of the social  services law or an  order  committing  guardianship  and  custody  under article   six   of  the  family  court  act  or  section  three  hundred eighty-four-b of the social  services  law,  and,  if  so,  which  court exercised   jurisdiction  over  the  most  recent  permanency  or  other proceeding involving the child.  (B) If the court determines that the child is under  the  jurisdiction of  a  different  family court, the court in which the adoption petition was filed shall stay its proceeding for not more than  thirty  days  and shall communicate with the family court judge who exercised jurisdiction over the most recent permanency or other proceeding involving the child. The  communication  shall be recorded or summarized on the record by the court in which the adoption petition was filed. Both courts shall notify the parties and the attorney for the child, if any, in their  respective proceedings  and  shall  give  them  an opportunity to present facts and legal argument or to participate  in  the  communication  prior  to  the issuance of a decision on jurisdiction.  (C)  The  family  court judge who exercised jurisdiction over the most recent  permanency  or  other  proceeding  involving  the  child   shall determine  whether  he or she should assume or decline jurisdiction over the adoption proceeding. In making its determination, the  family  court judge  shall  consider, among other factors: the relative familiarity of each  court  with  the  facts  and  circumstances  regarding  permanency planning  for,  and  the  needs  and  best  interests of, the child; the ability of the attorney for the child to continue such representation in the adoption proceeding, if appropriate; the convenience of  each  court to  the residence of the prospective adoptive parent or parents; and the relative ability of each  court  to  hear  and  determine  the  adoption petition  expeditiously.  The  court  in which the adoption petition was filed  shall  issue  an  order  incorporating  this   determination   of jurisdiction within thirty days of the filing of the adoption petition.  (D)  If  the  family  court  that exercised jurisdiction over the most recent permanency or other proceeding determines that it should exercise jurisdiction over the adoption petition, the order of the court in which the adoption petition  was  filed  shall  direct  the  transfer  of  the proceeding  forthwith  but  in no event more than thirty-five days after the filing of the petition. The petition  shall  be  assigned,  wherever practicable,  to  the  family  court  judge  who  heard  the most recent permanency or other proceeding involving the child.  (E)  If  the  family  court  that  exercised  jurisdiction  over   the permanency  or other proceeding involving the child declines to exercise jurisdiction over the adoption petition, the court in which the adoption petition was filed shall issue an order incorporating that determination and shall proceed forthwith.  (iii) Neither such authorized agency nor any officer or agent  thereof need appear before the judge or surrogate. The judge or surrogate in his or her discretion may accept the report of an authorized agency verified by  one  of  its  officers  or  agents  as  the  report of investigation hereinbefore required.  In  making  orders  of  adoption  the  judge  or surrogate when practicable must give custody only to persons of the same religious faith as that of the adoptive child in accordance with article six of the social services law.