2023 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.