2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 383-C - Guardianship and Custody of Children in Foster Care.

§  383-c.  Guardianship  and  custody  of  children in foster care. 1.
Method.  For the purposes of this section, a child in foster care  shall
mean a child in the care and custody of an authorized agency pursuant to
section  three  hundred  eighty-four-a  of  this title or article three,
seven or ten of the family court act. The guardianship of the person and
the custody of a child in foster care under the age  of  eighteen  years
may  be  committed to an authorized agency by a written instrument which
shall be known as a surrender, and signed:
(a) if both parents shall then be  living,  by  the  parents  of  such
child,  or  by  the  surviving parent, if either parent of such child be
dead;
(b) if either one of such parents shall  have  for  a  period  of  six
months  then next preceding abandoned such child as set forth in section
three hundred eighty-four-b of this title, by the other of such parents;
(c) if such child is born out of wedlock, by the mother of such child,
and by the father of such child,  if  such  father's  consent  would  be
required  for  the  child's  adoption,  pursuant  to section one hundred
eleven of the domestic relations law;
(d) if both parents of such child are dead, or if such child  is  born
out  of wedlock and the mother of such child is dead, by the guardian of
the person of such child lawfully appointed, with the  approval  of  the
court or officer which appointed such guardian to be entered of record.
2.  Terms.  (a)  Such  guardianship  shall  be  in accordance with the
provisions of this article and the instrument shall be upon  such  terms
and  subject  to  such  conditions  as may be agreed upon by the parties
thereto  and  shall  comply  with  subdivision  five  of  this  section;
provided,  however,  that  an  authorized  agency  shall  not  accept  a
surrender instrument conditioned upon adoption by a  particular  person,
unless  such  person is a certified or approved foster parent, where the
permanency plan for the child is for the child to  be  adopted  by  that
person  or the agency has fully investigated and approved such person as
an  adoptive  parent  in  accordance   with   applicable   statute   and
regulations.  No  such  agency  shall  draw or receive money from public
funds for the support of any such child except upon the written order or
permit of the social services official of the county or city  sought  to
be charged with the support of such child.
(b)  If  a  surrender  instrument  designates  a  particular person or
persons who will adopt a child, such  person  or  persons,  the  child's
birth  parent  or parents, the authorized agency having care and custody
of the child  and  the  child's  attorney,  may  enter  into  a  written
agreement  providing  for communication or contact between the child and
the child's parent or parents on such terms and  conditions  as  may  be
agreed  to by the parties.  If a surrender instrument does not designate
a particular person or persons  who  will  adopt  the  child,  then  the
child's  birth  parent or parents, the authorized agency having care and
custody of the child and the child's attorney may enter into  a  written
agreement  providing  for  communication  or  contact, on such terms and
conditions as may be agreed to by the parties. Such agreement  also  may
provide  terms  and conditions for communication with or contact between
the child and the child's biological siblings or half-siblings, if  any.
If  any  such sibling or half-sibling is fourteen years of age or older,
such terms and conditions shall not be enforceable unless  such  sibling
or  half-sibling  consents  to  the  agreement  in writing. If the court
before  which  the  surrender  instrument  is  presented  for   approval
determines that the agreement concerning communication and contact is in
the  child's  best  interests, the court shall approve the agreement. If
the court does not approve the  agreement,  the  court  may  nonetheless
approve  the  surrender;  provided,  however,  that  the birth parent or

parents  executing  the  surrender  instrument  shall   be   given   the
opportunity at that time to withdraw such instrument. Enforcement of any
agreement prior to the adoption of the child shall be in accordance with
subdivision (b) of section one thousand fifty-five-a of the family court
act.  Subsequent  to  the  adoption  of  the  child,  enforcement of any
agreement shall be in accordance with section one  hundred  twelve-b  of
the domestic relations law.
3.  Judicial  surrenders.  (a) A surrender of a child to an authorized
agency for the purpose of adoption  may  be  executed  and  acknowledged
before  a judge of the family court or a surrogate in this state. If the
child being surrendered is in foster care as a result  of  a  proceeding
before  the  family court pursuant to article ten or ten-A of the family
court act or section three hundred fifty-eight-a of  this  chapter,  the
surrender  shall  be  executed  and acknowledged before the family court
that exercised jurisdiction over such proceeding and, shall be assigned,
wherever  practicable,  to  the  judge  who  last  presided  over   such
proceeding.  A  surrender  executed  and  acknowledged before a court in
another state shall satisfy the requirements of this section  if  it  is
executed by a resident of the other state before a court of record which
has  jurisdiction  over  adoption  proceedings  in  that  state,  and  a
certified copy of the transcript of that proceeding, showing  compliance
with paragraph (b) of this subdivision, is filed as part of the adoption
proceeding in this state.
(b)  Before  a  judge  or surrogate approves a judicial surrender, the
judge or surrogate may order that notice of the surrender proceeding  be
given  to  such  persons  as  the  judge or surrogate may, in his or her
discretion, prescribe. At the time that a parent appears before a  judge
or  surrogate  to  execute  and  acknowledge  a  surrender, the judge or
surrogate shall inform such parent of the right  to  be  represented  by
legal  counsel  of  the parent's own choosing and of the right to obtain
supportive counseling and of any right to have counsel assigned pursuant
to section two hundred sixty-two of the family court act,  section  four
hundred  seven  of  the  surrogate's  court  procedure  act,  or section
thirty-five of the judiciary law. The  judge  or  surrogate  also  shall
inform  the  parent  of  the  consequences  of such surrender, including
informing such parent that the parent is giving up all  rights  to  have
custody,  visit  with,  speak  with,  write to or learn about the child,
forever, unless the parties have agreed to different terms  pursuant  to
subdivision  two  of  this section, or, if the parent registers with the
adoption information register, as specified in section forty-one hundred
thirty-eight-d of  the  public  health  law,  that  the  parent  may  be
contacted at any time after the child reaches the age of eighteen years,
but  only  if  both  the parent and the adult child so choose. The court
shall determine whether the  terms  and  conditions  agreed  to  by  the
parties  pursuant  to subdivision two of this section are in the child's
best interests before approving the surrender. The  judge  or  surrogate
shall inform the parent that where a surrender containing conditions has
been  executed, the parent is obligated to provide the authorized agency
with a designated mailing address, as well as any subsequent changes  in
such  address,  at  which  the  parent may receive notices regarding any
substantial failure of a material condition, unless such notification is
expressly waived by a statement written by the parent and appended to or
included in such instrument. The judge or surrogate  also  shall  inform
the  parent  that  the  surrender  shall  become  final  and irrevocable
immediately  upon  its  execution  and  acknowledgment.  The  judge   or
surrogate  shall  give  the  parent  a  copy  of such surrender upon the
execution thereof.
4. Extra-judicial surrenders. (a) In any case where a surrender is not
executed and acknowledged  before  a  judge  or  surrogate  pursuant  to
subdivision  three of this section, such surrender shall be executed and
acknowledged by the parent, in the presence of at least  two  witnesses,
before  a  notary  public  or  other officer authorized to take proof of
deeds. At least one witness shall be an employee of an authorized agency
trained, in  accordance  with  the  regulations  of  the  department  of
children  and  family  services,  to  receive  surrenders.  At least one
witness shall be a person who is either a licensed master social worker,
licensed clinical social worker  or  an  attorney  and  who  is  not  an
employee,  volunteer,  consultant  or  agent  of  or  attorney  for  the
authorized  agency  to  which  the  child  is  being  surrendered.   The
commissioner  of  the  office  of  children  and  family services, after
consultation  with  the  chief  administrator  of  the   courts,   shall
promulgate   standards  to  help  ensure  the  impartial  selection  and
independence of such witnesses. Any witness  may,  if  so  commissioned,
serve as notary under this subdivision.
(b)  The  authorized  agency  to which the child was surrendered shall
file an application for approval of the  extra-judicial  surrender  with
the  court  in which the adoption proceeding is expected to be filed or,
if not known, the family or surrogate's court in the county in which the
agency has its principal office. If the child being  surrendered  is  in
foster care as a result of a proceeding before the family court pursuant
to article ten or ten-A of the family court act or section three hundred
fifty-eight-a  of  this  chapter,  the application shall be filed in the
family court that exercised jurisdiction over such proceeding and, shall
be assigned, wherever practicable, to the judge who last  presided  over
such  proceeding.  The  application shall be filed no later than fifteen
days after  execution  of  such  surrender.  The  application  shall  be
accompanied  by  affidavits  from  all  the  witnesses  before  whom the
surrender was executed and acknowledged as provided for in paragraph (a)
of this subdivision, stating:
(i) the date, time and place where  the  surrender  was  executed  and
acknowledged;
(ii) that the parent was provided with a copy of the surrender;
(iii)  that the surrender was read in full to the parent in his or her
principal language and the  parent  was  given  an  opportunity  to  ask
questions  and  obtain  answers regarding the nature and consequences of
the surrender, including the  consequences  of,  and  procedures  to  be
followed  in, cases of a substantial failure of a material condition, if
any, contained in the surrender instrument and the obligation to provide
the authorized agency with a designated mailing address, as well as  any
subsequent  changes  in  such  address,  at which the parent may receive
notices regarding any  substantial  failure  of  a  material  condition,
unless  such  notification is expressly waived by a statement written by
the parent and appended to or included in such instrument; and
(iv) that the parent executed and acknowledged the surrender.
(c) The authorized agency to which a child is surrendered pursuant  to
this  subdivision  must  affix  an  affidavit  to the application, by an
employee responsible for providing or arranging  supportive  counseling,
which specifies:
(i)  when  supportive  counseling  was  offered  to  the parent by the
authorized agency;
(ii) whether the parent accepted the offer of  supportive  counseling;
and
(iii)  if  accepted,  when  supportive counseling was provided and the
nature of such supportive counseling.
(d) Before a judge or surrogate approves an extra-judicial  surrender,
the  judge or surrogate shall order notice to be given to the person who
executed the surrender and  to  such  other  persons  as  the  judge  or
surrogate  may,  in  his or her discretion, prescribe. No person who has
received  such  notice  and been afforded an opportunity to be heard may
challenge  the  validity  of  a  surrender  approved  pursuant  to  this
subdivision  in  any  other proceeding. Nothing in this section shall be
deemed to dispense with the consent to adopt if  otherwise  required  of
any person who has not executed the surrender.
(e) The agency to which the child is surrendered promptly shall notify
such  court  of  any  correspondence  or communication received from the
parent or a person on the parent's behalf subsequent to the execution of
the surrender and prior to a final order of adoption of  the  child,  if
such  correspondence  or  communication  could  reasonably  indicate the
parent's wish to revoke the surrender.
(f) The court shall enter an order either  approving  or  disapproving
the  surrender.  If  the  court disapproves the surrender, the surrender
shall be deemed a nullity and without force or effect, and the court may
direct that any subsequent surrender shall be executed only  before  the
court in accordance with subdivision three of this section.
5.  Instrument. (a) There shall be a form of instrument for a judicial
surrender and a form of instrument for an extra-judicial surrender.
(b) The instrument for a judicial surrender and the instrument for  an
extra-judicial   surrender   shall  be  in  a  form  prescribed  by  the
commissioner after consultation with  the  chief  administrator  of  the
courts  and  shall  state in plain language in conspicuous bold print on
the first page:
(i) that the parent has the right, before signing  the  surrender,  to
speak to a lawyer of her or his own choosing and any other person she or
he  wishes; to have that lawyer and any other person present with her or
him at the time of the signing of the surrender; and has  the  right  to
ask  the  court  to appoint a lawyer free of charge if the parent cannot
afford to hire one; and has the right to have supportive counseling;
(ii) that the parent is giving up all rights to  have  custody,  visit
with, speak with, write to or learn about the child, forever, unless the
parties  have  agreed  to different terms pursuant to subdivision two of
this section, and unless such terms are written in the surrender, or, if
the  parent  registers  with  the  adoption  information  register,   as
specified  in  section  forty-one  hundred  thirty-eight-d of the public
health law, that the parent may be contacted at anytime after the  child
reaches  the  age of eighteen years, but only if both the parent and the
adult child so choose;
(iii) that the child will be adopted without the parent's consent  and
without  further notice to the parent, and will be adopted by any person
that the agency chooses, unless the surrender paper contains the name of
the person or persons who will be adopting the child; and
(iv) that the parent cannot be forced to sign the surrender paper, and
cannot be punished if he or she does not sign the paper; and  would  not
be subject to any penalty for refusing to sign the surrender.
(c)  A  surrender instrument for a judicial surrender also shall state
in plain language in conspicuous bold print  at  the  beginning  thereof
that  the  surrender  becomes  final  and  irrevocable  immediately upon
execution and acknowledgement, and that the parent cannot bring  a  case
in  court  to  revoke  the  surrender or to regain custody of the child.
Where the parties have agreed that the surrender  shall  be  subject  to
conditions  pursuant  to subdivision two of this section, the instrument
shall further state in plain language that:
(i) the authorized agency shall notify the parent, unless such  notice
is expressly waived by a statement written by the parent and appended to
or included in such instrument, the attorney for the child and the court
that  approved  the  surrender  within  twenty  days  of any substantial
failure   of  a  material  condition  of  the  surrender  prior  to  the
finalization of the adoption of the child; and
(ii) except for good cause shown, the authorized agency shall  file  a
petition  on notice to the parent unless notice is expressly waived by a
statement written by the parent and appended  to  or  included  in  such
instrument  and  the  child's  attorney  in  accordance with section one
thousand fifty-five-a of the family court act within thirty days of such
failure, in order for the  court  to  review  such  failure  and,  where
necessary, to hold a hearing; provided, however, that, in the absence of
such  filing,  the  parent and/or attorney for the child may file such a
petition at any time up to sixty days after notification of the failure.
Such petition filed by a parent or attorney for the child must be  filed
prior to the child's adoption; and
(iii)  the parent is obligated to provide the authorized agency with a
designated mailing address, as well as any subsequent  changes  in  such
address,   at  which  the  parent  may  receive  notices  regarding  any
substantial failure of a material condition, unless such notification is
expressly waived by a statement written by the parent and appended to or
included in such instrument.
Nothing in this paragraph shall limit the  notice  on  the  instrument
with  respect  to  a  failure  to  comply with a material condition of a
surrender subsequent to the finalization of the adoption of the child.
(d) An extra-judicial surrender instrument also shall state  in  plain
language in conspicuous bold print at the beginning thereof that:
(i)  the  name  and  address of the court in which the application for
approval of the extra-judicial surrender will be filed;
(ii) that a revocation of the surrender will be effective if it is  in
writing  and  postmarked or received by the court named in the surrender
within forty-five days of the signing of the surrender; and
(iii) that a revocation of the surrender  more  than  forty-five  days
after  its signing will not be effective if the child has been placed in
an adoptive home, and the surrender shall be final and  irrevocable  and
the  parent  cannot  revoke  the  surrender  or bring a case in court to
revoke the surrender or regain custody of the child, and that the agency
will not notify the parent when the child is placed in an adoptive home,
and the parent may lose all rights at the  end  of  the  forty-five  day
period  without  further  notice. Where the parties have agreed that the
surrender shall be subject to conditions pursuant to subdivision two  of
this section, the instrument shall further state in plain language that:
(A)  the authorized agency shall notify the parent, unless such notice
is expressly waived by a statement written by the parent and appended to
or included in such instrument, the law guardian for the child  and  the
court  that approved the surrender within twenty days of any substantial
failure  of  a  material  condition  of  the  surrender  prior  to   the
finalization of the adoption of the child; and
(B)  except  for  good cause shown, the authorized agency shall file a
petition on notice to the parent unless notice is expressly waived by  a
statement  written  by  the  parent  and appended to or included in such
instrument and law guardian in  accordance  with  section  one  thousand
fifty-five-a  of the family court act within thirty days of such failure
in order for the court to review such failure and, where  necessary,  to
hold  a hearing; provided, however, that, in the absence of such filing,
the parent and/or law guardian for the child may file such a petition at
any time up to sixty  days  after  notification  of  the  failure.  Such

petition  filed  by  a parent or law guardian must be filed prior to the
adoption of the child; and
(C)  the  parent  is obligated to provide the authorized agency with a
designated mailing address, as well as any subsequent  changes  in  such
address,   at  which  the  parent  may  receive  notices  regarding  any
substantial failure of a  material  condition,  unless  such  notice  is
expressly waived by a statement written by the parent and appended to or
included in such instrument.
Nothing  in this subparagraph shall limit the notice on the instrument
with respect to a failure to comply  with  a  material  condition  of  a
surrender subsequent to the finalization of the adoption of the child.
(e) Any surrender instrument subject to the provisions of this section
shall include an adoption information registry birth parent registration
consent  form,  stating whether or not such biological parent or parents
whose consent is subject to the provisions of this section, consents  to
the  receipt  of identifying information by the child to be adopted upon
registration with  the  adoption  information  registry  established  by
section  forty-one  hundred  thirty-eight-c of the public health law and
upon the adoptee reaching the age of eighteen. If such consent is  made,
it  shall  be revocable by either of the biological parents at any time.
The revocation of the consent by one of the  parents  shall  revoke  the
consent  of both parents. The failure of a biological parent to complete
the consent form shall have no effect on the finality of the consent  to
adoption.  A  copy  of  the  form required by this subdivision, shall be
forwarded to the state adoption information registry  for  inclusion  in
the  records  maintained  by  such  registry.  Any fees authorized to be
charged by the state adoption registry  for  filing  documentation  with
such registry shall be waived for the form required by this subdivision.
(f) A surrender shall be recorded in the office of the county clerk in
the  county  where  the  surrender  is  executed, or where the principal
office of such authorized agency is located, in a book which such county
clerk shall provide and shall keep under  seal.  Such  record  shall  be
subject  to  inspection and examination only as provided in subdivisions
three and four of section three hundred seventy-two of this title.
(g)  Whenever  the  term  surrender,  surrender  paper  or   surrender
instrument  is  used  in any law relating to the adoption of children in
foster care, it shall mean  and  refer  exclusively  to  the  instrument
described  herein  for  the commitment of the guardianship of the person
and the custody of a child  to  an  authorized  agency  by  the  child's
parent,  parents or guardian, and in no case shall it be deemed to apply
to any instrument purporting to commit the guardianship  of  the  person
and  the  custody  of  a  child  to  any person other than an authorized
agency, nor shall such term or the provisions of this section be  deemed
to  apply to any instrument transferring the care and custody of a child
to an authorized agency pursuant to section three hundred  eighty-four-a
of this title.
(h) Upon execution of a surrender instrument, the parent executing the
surrender  shall  provide  information to the extent known regarding the
other parent, any person  to  whom  the  surrendering  parent  had  been
married  at  the  time  of  the conception or birth of the child and any
other person who would be entitled to consent to  the  adoption  of  the
child  pursuant  to subdivision one of section one hundred eleven of the
domestic relations law. Such  information  shall  include,  but  not  be
limited  to,  such parent's or person's name, last-known address, social
security  number,  employer's  address   and   any   other   identifying
information.  Any  information provided pursuant to this paragraph shall
be recorded in the uniform case record maintained  pursuant  to  section

four hundred nine-f of this article; provided, however, that the failure
to provide such information shall not invalidate the surrender.
6.  Effect  of  surrender and revocation. (a) If the court disapproves
the surrender pursuant to subdivision four of  this  section,  or  if  a
revocation  of  an  extra-judicial surrender is mailed and postmarked or
otherwise  delivered  to  the  court  named  in  the  surrender   within
forty-five  days of the execution of the surrender, such surrender shall
be deemed a nullity, and the child shall be returned  to  the  care  and
custody of the authorized agency.
(b)  If  a  revocation  of  an  extra-judicial surrender is mailed and
postmarked or otherwise delivered to the court named  in  the  surrender
more than forty-five days after its execution and the child has not been
placed  in  an  adoptive home, such surrender shall be deemed a nullity,
and the child  shall  be  returned  to  the  care  and  custody  of  the
authorized  agency. For the purposes of this subdivision, no child shall
be deemed to have been placed in the home of adoptive parents unless the
fact of such placement, the date thereof,  the  date  of  the  agreement
pertaining  thereto  and the names and addresses of the adoptive parents
shall have been recorded in a bound volume maintained by the agency  for
the  purpose  of  recording such information in chronological order. The
absence of judicial approval of an extra-judicial  surrender  shall  not
revive, extend or toll the period for revocation of such surrender.
(c)  In  any  case  in which the authorized agency determines that the
persons specified in the surrender will not adopt the child  or  in  any
other case of a substantial failure of a material condition prior to the
finalization  of  the  adoption  of the child, the agency promptly shall
notify the parent thereof, unless such notice is expressly waived  by  a
statement  written  by  the  parent  and appended to or included in such
instrument, and shall notify the court and  the  law  guardian  for  the
child  within twenty days. In any such case, the authorized agency shall
file a petition on notice to  the  parent  unless  notice  is  expressly
waived  by a statement written by the parent and appended to or included
in such instrument and law  guardian  in  accordance  with  section  one
thousand  fifty-five-a  of  the  family court act, as applicable, within
thirty days, except for good cause shown, in  order  for  the  court  to
review  such  failure and, where necessary, to hold a hearing; provided,
however, that, in the absence of such a filing, the  parent  and/or  law
guardian  for the child may file such a petition at any time up to sixty
days after the notification of the failure. Such  petition  filed  by  a
parent  or  law guardian must be filed prior to the adoption. Nothing in
this paragraph shall limit the rights and remedies, if any, available to
the parties and the law guardian with respect to  a  failure  to  comply
with  a material condition of a surrender subsequent to the finalization
of the adoption of the child.
(d) Nothing contained in this section shall bar actions or proceedings
brought on the ground of fraud, duress or coercion in the  execution  or
inducement  of a surrender. No action or proceeding may be maintained by
the surrendering parent or guardian for the custody of  the  surrendered
child or to revoke or annul such surrender except as provided herein.
7.  Surrenders  by  persons  in foster care. Notwithstanding any other
provision of law, a surrender for adoption executed by a parent, parents
or guardian who is in foster care shall be executed only before a  judge
of the family court.
8.  Adoption  proceeding.  (a)  Upon  the  court's order approving the
surrender, the attorney for  the  petitioning  authorized  agency  shall
promptly serve upon persons who have been approved by such agency as the
child's  adoptive  parents,  notice  of entry of the order approving the
surrender and advising such persons that they may commence  an  adoption

proceeding.  In  accordance  with the regulations of the department, the
authorized agency shall advise such persons of the procedures  necessary
for  adoption  of  the child. The authorized agency shall cooperate with
such persons in the provision of necessary documentation.
(b)  The  adoptive  parent  may  commence the adoption proceeding in a
court of competent jurisdiction in accordance with subdivision three  of
section  one  hundred thirteen or subdivision two of section one hundred
fifteen of the domestic relations law, as applicable; provided, however,
that in the case of an extra-judicial surrender, such  proceeding  shall
be  initiated more than forty-five days after the surrender is executed.
Commencement of such a proceeding shall not revive, extend or  toll  the
period  for  revocation  of an extra-judicial surrender pursuant to this
section.
9. Intervention. (a) Any person or persons having custody of  a  child
for  the  purpose  of  adoption  through  an  authorized agency shall be
permitted as a matter of right, as an interested party, to intervene  in
any proceeding commenced to set aside a surrender purporting to commit a
guardianship  of  the  person  or  custody of a child executed under the
provisions of this section. Such intervention may be made anonymously or
in the true name of such person.
(b) Any person or persons having custody for more than  twelve  months
through  an  authorized  agency  for the purpose of foster care shall be
permitted as a matter of right, as an interested party, to intervene  in
any  proceeding  commenced to set aside a surrender purporting to commit
the guardianship of the person and custody of a child executed under the
provisions of this section. Such intervention may be made anonymously or
in the true name of such person or persons having custody of  the  child
for the purpose of foster care.
10. Adoption and permanency hearing.
a.  Upon  acceptance  of  a  judicial  surrender  or  approval  of  an
extra-judicial surrender pursuant to subdivision three or four  of  this
section,  the  court  shall inquire whether any foster parent or parents
with whom the child resides, or any relative  of  the  child,  or  other
person,  seeks to adopt such child. If such person or persons do seek to
adopt such child, such person or persons may submit, and the court shall
accept, all such petitions for the adoption of the child, together  with
an  adoption  home  study, if any, completed by an authorized agency, or
disinterested person as such term is defined  in  subdivision  three  of
section  one  hundred  sixteen  of the domestic relations law. The court
shall thereafter establish a schedule for completion of other  inquiries
and  investigations  necessary to complete review of the adoption of the
child and shall  immediately  set  a  schedule  for  completion  of  the
adoption.
b.  Upon  acceptance  of  a  judicial  surrender  or  approval  of  an
extra-judicial surrender pursuant to subdivision three or four  of  this
section,  the  court  shall  schedule  an initial freed child permanency
hearing pursuant to section one thousand eighty-nine of the family court
act. Subsequent permanency hearings shall be held  pursuant  to  section
one thousand eighty-nine of the family court act.
11.  Acceptance  of  surrender.  Acceptance of a judicial surrender or
approval of an extra-judicial surrender pursuant to this  section  shall
not  be construed to terminate any rights of the child to contact his or
her siblings. For purposes of this  section,  "siblings"  shall  include
half-siblings  and  those  who would be deemed siblings or half-siblings
but for the surrender, termination of parental  rights  or  death  of  a
parent.