2023 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.