2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 3 - Private-Placement Adoption › 116 - Orders of Investigation and Order of Adoption.

§  116.  Orders  of  investigation  and order of adoption. 1. When the
adoptive child is less than eighteen years of age, no order of  adoption
shall be made until three months after the court shall have received the
petition to adopt, except where the spouse of the adoptive parent is the
birth  parent  of  the  child  and  the child has resided with the birth
parent and adoptive parent for more  than  three  months,  such  waiting
period  shall  not  be required. The judge or surrogate may shorten such
waiting period for good cause shown, and, in  such  case  the  order  of
adoption  shall  recite  the  reason  for  such action. The three months
residence period specified in section one hundred twelve of title two of
this article and the  three  months  waiting  period  provided  in  this
subdivision may run concurrently in whole or in part.
2.  Stage  one of private-placement adoption. At the time of receiving
the petition, agreement and  consents,  the  judge  or  surrogate,  upon
finding  that the applicable provisions of this title have been complied
with and that it appears that the adoption may be in the best  interests
of the child, shall issue an order of investigation hereunder. The order
of  investigation shall require that the report of such investigation be
made in accordance with subdivision  three  of  this  section,  and  may
require  or authorize further investigations from time to time until the
granting of the order of adoption. Such order  shall  direct  that  such
investigation   shall   not   unnecessarily   duplicate   any   previous
investigations which have been made of  the  petitioner  or  petitioners
pursuant  to  section  one  hundred fifteen-d of this title. Should such
investigation give apparent cause, the judge or surrogate shall  require
the  petitioner or petitioners to show cause why the child should not be
removed from the home, upon due notice to all persons whose  consent  is
required  for  the  adoption,  and  in any case where the consent of the
birth mother would not otherwise be required, the judge or surrogate may
in his discretion require that she be given due notice.  On  the  return
date  the  judge or surrogate shall take proof of the facts shown by any
such investigation. If the court is satisfied that the  welfare  of  the
child  requires that it be removed from the home, the judge or surrogate
shall by order remove the child from  the  home  of  the  petitioner  or
petitioners  and  return  the child to a birth parent or place the child
with an appropriate authorized agency, or, in the case of  a  surrogate,
transfer  the child to the family court. The judge or surrogate may also
require that notice be given to an appropriate authorized agency.
3. The judge or surrogate shall cause to be made an investigation by a
disinterested person who in the opinion of the  judge  or  surrogate  is
qualified  by  training  and  experience,  or  by  an  authorized agency
specifically designated by him to examine into the allegations set forth
in the petition. A post-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   perform   post-placement   investigations.  Such
disinterested person shall certify to the court that  he  or  she  is  a
disinterested  person and has no interest in the outcome of petitioner's
or petitioners' 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  post-placement  investigation.
The  investigator  shall make a written report of his investigation into
the truth and accuracy of the allegations of the  petition,  and,  where
applicable,  into  the statements contained in the affidavit required by
section one hundred fifteen of this title, and  he  shall  ascertain  as
fully  as  possible,  and  incorporate in his report the various factors
which may bear upon the determination of the  application  for  adoption
including, but not limited to, the following information:
(a)  the  marital  and  family  status,  and  history, of the adoptive
parents and adoptive child;
(b)  the  physical  and  mental  health  of  the  adoptive parents and
adoptive child;
(c) the property owned by and the income of the adoptive parents;
(d) the compensation paid or agreed upon with respect to the placement
of the child for adoption;
(e) whether either adoptive parent has ever  been  respondent  in  any
proceeding   concerning   allegedly   abused,  neglected,  abandoned  or
delinquent children;
(f) any other facts  relating  to  the  familial,  social,  religious,
emotional  and financial circumstances of the adoptive parents which may
be relevant to a determination of adoption.
The written report of investigation shall be submitted to the judge or
surrogate within thirty days after the same  is  directed  to  be  made,
unless  for  good  cause  shown  the  judge  or  surrogate shall grant a
reasonable extension of such period. The report shall be filed with  the
judge  or surrogate, in any event, before the final order of adoption is
granted.
4. Stage two of private-placement adoption. If the judge or  surrogate
has  found  that  there  has  been  compliance with all the requirements
hereof and is satisfied that the best interests of  the  child  will  be
promoted by granting an order of adoption, the provisions of section one
hundred fourteen of title two of this article shall apply.
5.  As  used  in  this  section,  "disinterested  person" includes the
probation service of the family court, a licensed master social  worker,
licensed  clinical  social  worker, or an authorized agency specifically
designated by the court to conduct pre-placement investigations.