2023 New York Laws › SOS - Social Services › Article 6 - Children › Title 1 - Care and Protection of Children › 374 - Authority to Place Out or Board Out Children.

§  374. Authority to place out or board out children. 1. An authorized
agency is hereby empowered and permitted to  place  out  and  board  out
children.
1-a.  In any agreement between an authorized agency and foster parents
with whom a child or children are to be placed or boarded,  there  shall
be contained therein the following language: "It is duly acknowledged by
the  parties hereto that pursuant to the law of the state of New York, a
foster parent shall have preference in  any  proceedings  to  adopt  the
child  subject  to  this  agreement  upon  such child having been in the
custody of such foster parent for a period in excess of twelve months".
2. No person, agency, association, corporation,  institution,  society
or  other  organization  except  an authorized agency shall place out or
board out any child  but  the  provisions  of  this  section  shall  not
restrict  or  limit  the  right  of a parent, legal guardian or relative
within the second degree to place out or board out a child.
3. Except as hereinafter provided no court, public  board,  commission
or  official  shall  place  out  or  board  out  a child in a family not
residing within this state.
(a) A commissioner of public welfare or a city public welfare  officer
authorized,   pursuant  to  the  provisions  of  section  three  hundred
ninety-eight of the social welfare law, to accept  the  surrender  of  a
child, may place out a child for the purpose of adoption in a family not
residing  within  this  state.  No  placement of a child in a family not
residing within this state shall be made unless an  agreement  for  such
placement  shall  have  been reached between the public welfare official
making such placement  and  the  appropriate  welfare  or  other  public
official on a state or local level in the state where the family resides
who  is  authorized  by  law  to  supervise children in institutional or
foster care homes.  Such  agreement  shall  include  provision  for  the
supervision  of  the  family and the child during the period preceding a
final adoption.
(b) A commissioner of public welfare or a city public welfare  officer
authorized,   pursuant  to  the  provisions  of  section  three  hundred
ninety-eight of the social welfare law,  to  place  children  in  family
homes, may board out a child in a family not residing within this state.
No  child  may be boarded out in a family not residing within this state
unless an agreement for such placement shall have been  reached  between
the  public  welfare  official making such placement and the appropriate
welfare or other public official on a state or local level in the  state
where  the family resides who is authorized by law to supervise children
in institutional or foster care  homes.  Such  agreement  shall  include
provision  for  the  supervision  of the family and the child during the
period while the child is boarded out.
4.  (a)  No  hospital  or  lying-in  asylum  whether  incorporated  or
unincorporated  where  women  or  girls  may  be  received, cared for or
treated  during  pregnancy  or  during  or  after  delivery  except   as
hereinafter  provided and no person licensed to carry on like work under
the provisions of article twenty-eight of the public health law shall be
an authorized agency for placing out or boarding out children  or  place
out  any child in a foster home whether for adoption or otherwise either
directly or indirectly or as agent or representative of  the  mother  or
parents of such child.
(b)  Every such hospital and licensed person shall forthwith report to
the county or city officer or board charged by  law  with  the  care  of
destitute  children away from their homes where such hospital is located
or where such child is cared for  by  such  licensed  person  any  child
abandoned  or  left  in the care or custody of such hospital or licensed
person provided, however, that no such  report  except  as  provided  in

section  three  hundred  seventy-two  shall  be required to be made by a
hospital which is also an authorized agency.
(c)  Such  officer or board shall receive and care for such child as a
destitute or abandoned child and may bring the case of such child before
the family court in the county or city for adjudication.
(d) The expense of caring for such child as a public charge  shall  be
paid as provided by this chapter.
5. Nothing contained in this section shall deprive any hospital of any
right  or power conferred upon it by its charter or act of incorporation
or specified in its certificate of incorporation.
6. An authorized agency, as defined  in  paragraphs  (a)  and  (c)  of
subdivision  ten of section three hundred seventy-one of this title, may
charge or accept a fee or other compensation to  or  from  a  person  or
persons  with  whom  it  has  placed out a child, for the reasonable and
necessary expenses  of  such  placement;  and  no  agency,  association,
corporation,  institution,  society  or  organization,  except  such  an
authorized agency, and no person may or shall request, accept or receive
any  compensation  or  thing  of  value,  directly  or  indirectly,   in
connection  with the placing out or adoption of a child or for assisting
a birth parent, relative or guardian of a child  in  arranging  for  the
placement of the child for the purpose of adoption; and no person may or
shall  pay  or  give  to  any  person  or  to  any  agency, association,
corporation,  institution,  society  or  organization,  except  such  an
authorized agency, any compensation or thing of value in connection with
the  placing out or adoption of a child or for assisting a birth parent,
relative or guardian of a child in arranging for the  placement  of  the
child  for  the  purpose  of adoption. The prohibition set forth in this
section applies to any adoptive placement  activity  involving  a  child
born  in  New  York  state or brought into this state or involving a New
York resident seeking to bring a child  into  New  York  state  for  the
purpose of adoption.
This  subdivision  shall  not  be  construed to prevent the payment of
salaries or other compensation by an authorized agency to  the  officers
or  employees  thereof; nor shall it be construed to prevent the payment
by a person with whom a child has been  placed  out  of  reasonable  and
actual  medical  fees  or  hospital  charges  for  services  rendered in
connection with the birth of such child or of other  necessary  expenses
incurred  by  the  birth mother in connection with or as a result of her
pregnancy or the birth  of  the  child,  or  of  reasonable  and  actual
nursing,  medical  or  hospital fees for the care of such child, if such
payment is made to  the  physician,  nurse  or  hospital  who  or  which
rendered the services or to the birth mother of the child, or to prevent
the  receipt of such payment by such physician, nurse, hospital or birth
mother. This subdivision shall not be construed to prevent  the  payment
by  an  adoptive  parent,  as defined in section one hundred nine of the
domestic relations law, of the  birth  mother's  reasonable  and  actual
expenses  for  housing,  maternity  clothing, clothing for the child and
transportation for a reasonable period not to exceed sixty days prior to
the birth and the later of thirty days after the birth  or  thirty  days
after  the  parental consent to the adoption, unless a court determines,
in writing, that  exceptional  circumstances  exist  which  require  the
payment of the birth mother's expenses beyond the time periods stated in
this  sentence.  This  subdivision shall not be construed to prevent the
payment by an adoptive parent, as defined in section one hundred nine of
the domestic relations law, of reasonable and actual legal fees  charged
for   consultation   and   legal   advice,  preparation  of  papers  and
representation and other legal services rendered in connection  with  an
adoption  proceeding or of necessary disbursements incurred for or in an

adoption proceeding. No attorney or law firm shall serve as the attorney
for, or provide any legal services to both the birth parent and adoptive
parent in regard to the placing out of a child for  adoption  or  in  an
adoption proceeding. No attorney or law firm shall serve as the attorney
for,  or  provide  any  legal services to, both an authorized agency and
adoptive parent or both an authorized agency and birth parent where  the
authorized  agency  provides  adoption  services to such birth parent or
adoptive parent, where the authorized agency provides  foster  care  for
the  child,  or  where  the  authorized agency is directly or indirectly
involved in the placing out of such child for adoption.
7. After receipt of notice from the state commissioner  of  health  or
the  department  of  health of the city of New York, as the case may be,
that an application has been received by such commissioner or department
for a license or for the renewal of a license  to  conduct  a  maternity
hospital  or  lying-in  asylum,  pursuant  to  the provisions of article
twenty-eight of the public  health  law,  the  department  shall,  after
notice  to the applicant and opportunity for him to be heard, certify in
writing to such commissioner or city department that the department  has
reasonable  cause  to  believe  that  the  applicant is violating or has
violated the provisions of this  section,  if  such  be  the  case.  The
department  shall  so certify within thirty days of the date it received
notice, or within such additional period, not to exceed thirty days,  as
the  department  may request in writing addressed to the commissioner or
administration giving notice.