State Statutes Results
New York
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.
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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
This issue is not addressed in the statutes reviewed.
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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
N.Y. Soc. Serv. Law § 423(6) (LexisNexis through 10-31-07)
[Effective February 12, 2007]
A social services district may establish a multidisciplinary investigative team or teams and may establish or work as part of a child advocacy center established pursuant to § 423-a of this article, at a local or regional level, for the purpose of investigating reports of suspected child abuse or maltreatment. The social services district shall have discretion with regard to the category or categories of suspected child abuse or maltreatment such team or teams may investigate, provided, however, the social services district shall place particular emphasis on cases involving the serious abuse of children.
For the purposes of this section, a multidisciplinary investigative team shall include, but is not limited to, representatives from the child protective service and the office of the district attorney or local law enforcement. Additional team members may include the medical profession, public health agencies, mental health agencies, schools and medical facilities, including hospitals or other appropriate agencies or institutions and personnel of any existing child advocacy centers. Notwithstanding any other provision of law to the contrary, members of a multidisciplinary investigative team or a child advocacy center may share client-identifiable information concerning the child or the child's family with other team members to facilitate the investigation of suspected child abuse or maltreatment.
N.Y. Soc. Serv. Law § 423(1)(e) (LexisNexis through 10-31-07)
Except as provided by law, the child protective service shall be the sole public agency responsible for receiving and investigating or arranging with the appropriate Society for the Prevention of Cruelty to Children to investigate all reports of child abuse or maltreatment made pursuant to law for the purpose of providing protective services to prevent further abuses or maltreatment to children and to coordinate, provide or arrange for, or monitor the provision of those services necessary to safeguard and ensure the child's well-being and development and to preserve and stabilize family life wherever appropriate.
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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Soc. Serv. Law § 371
Abused child means a child less than age 18 whose parent or other person legally responsible for his or her care:
Inflicts or allows to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ
Creates or allows to be created a substantial risk of physical injury to such child by other than accidental means that would be likely to cause death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ
Neglect
Citation: Soc. Serv. Law § 371
Neglected child means a child less than age 18 whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other person legally responsible for his or her care to exercise a minimum degree of care:
In supplying the child with adequate food, clothing, shelter, education, or medical or surgical care, although financially able to do so or offered financial or other reasonable means to do so
In providing the child with proper supervision or guardianship
By unreasonably inflicting or allowing harm to be inflicted, or a substantial risk thereof, including the infliction of excessive corporal punishment
By misusing drugs or alcoholic beverages to the extent that he or she loses self-control of his or her actions
By any other acts of a similarly serious nature requiring the aid of the court
Sexual Abuse
Citation: Soc. Serv. Law § 371
Abused child means a child less than age 18 whose parent or other person legally responsible for his or her care commits, or allows to be committed, an act of sexual abuse against such child, as defined in title H, article 130, of the penal law.
Emotional Abuse
Citation: Family Court Act § 1012
Impairment of emotional health and impairment of mental or emotional condition includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, acting out, or misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child.
Abandonment
Citation: Soc. Serv. Law § 384-b
A child is abandoned by his parent if such parent evinces an intent to forego his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or agency, although able to do so and not prevented or discouraged from doing so by the agency. In the absence of evidence to the contrary, such ability to visit and communicate shall be presumed.
Standards for Reporting
Citation: Soc. Serv. Law § 371
A report is required when a child has been subjected to harm or a substantial risk of harm.
Persons Responsible for the Child
Citation: Soc. Serv. Law § 371; Family Court Act § 1012
Responsible persons include the child's parent and other persons legally responsible for the child's care.
Person legally responsible includes the child's custodian, guardian, any other person responsible for the child's care at the relevant time. A custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.
Exceptions
No exceptions are specified in statute.
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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Soc. Serv. Law § 459-a
''Victim of domestic violence'' means any person over age 16, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person's child is a victim of an act that would constitute a violation of the penal law, including, but not limited to, acts constituting disorderly conduct, harassment, menacing, reckless endangerment, kidnapping, assault, attempted assault, or attempted murder, and:
Such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child.
Such act or acts are or are alleged to have been committed by a family or household member.
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation:
This issue is not addressed in the statutes reviewed.
Persons Included in the Definition
Citation: Soc. Serv. Law § 459-a
''Family or household members'' means the following individuals:
Persons related by consanguinity or affinity
Persons legally married to one another
Persons formerly married to one another regardless of whether they still reside in the same household
Persons who have a child in common regardless of whether such persons are married or have lived together at any time
Unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household
Any other category of individuals deemed to be a victim of domestic violence as defined by the department in regulation
''Parent'' means a natural or adoptive parent or any individual lawfully charged with a minor child's care or custody.
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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Soc. Serv. Law § 422
Reports made pursuant to this title as well as any other information obtained, reports written, or photographs taken concerning such reports in the possession of the department, local departments, or the Commission on Quality of Care for the Mentally Disabled, shall be confidential.
Persons or Entities Allowed Access to Records
Soc. Serv. Law § 422
Reports and information shall be made available to:
A physician who reasonably suspects that a child may be abused or maltreated
A person authorized to place a child in protective custody when it is needed to determine whether to place the child in protective custody
A duly authorized agency having the responsibility for the care or supervision of a child who is reported to the central register
Any person who is the subject of the report or other persons named in the report
A court when it is necessary for the determination of an issue before it
A grand jury when it is necessary for the determination of charges
Any appropriate State legislative committee responsible for child protective legislation
Any person engaged in bona fide research
A provider agency or a licensing agency
The State Commission on Quality of Care for the Mentally Disabled in connection with an investigation being conducted by the commission
A probation service conducting an investigation where there is reason to suspect the child or the child's sibling may have been maltreated and such child or sibling, parent, guardian, or other person legally responsible for the child is a person named in an indicated report
A district attorney, an assistant district attorney, investigator, an officer of the State police, the regional State park police, a city police department, or a sheriff's office when such information is necessary to conduct a criminal investigation or prosecution of a person
The New York City Department of Investigation
A provider or coordinator of services to which a child or a child's family have been referred when it is necessary to enable the provider or coordinator to establish and implement a plan of service for the child or the child's family, to monitor the provision and coordination of services, or to directly provide services
A disinterested person making an adoption investigation
A criminal justice agency conducting an investigation of a missing child where there is reason to suspect such child or such child's sibling, parent, guardian, or other person legally responsible for such child is a person named in an indicated report of child maltreatment and that such information is needed to further such investigation
The director or operator of the residential facility or program where a child may be placed
A child protective service of another State when necessary to conduct a child abuse investigation within its jurisdiction
A law guardian appointed to represent the child
A child care resource and referral program
Officers and employees of the State comptroller, the city comptroller of the city of New York, or the county officer for purposes of a duly authorized performance audit
Members of a local or regional fatality review team, a local or regional multidisciplinary investigative team, or a citizen review panel
An entity with appropriate legal authority in another State to license, certify, or otherwise approve prospective foster and adoptive parents when disclosure of information regarding the prospective foster or adoptive parents and other persons over age 18 residing in the home of such prospective parents is required by Federal law
When Public Disclosure of Records is Allowed
Citation: Soc. Serv. Law § 422-a
A commissioner may disclose information regarding the abuse or maltreatment of a child when such disclosure shall not be contrary to the best interests of the child, the child's siblings, or other children in the household, and any one of the following factors are present:
The subject of the report has been charged with committing a crime related to a report maintained in the statewide central register.
The investigation of the abuse or maltreatment of the child by the local child protective service or the provision of services by such service has been publicly disclosed in a report required to be disclosed in the course of their official duties, by a law enforcement agency or official, a district attorney, any other State or local investigative agency or official, or by a judge of the unified court system.
There has been a prior knowing, voluntary, public disclosure by an individual concerning a report of child abuse or maltreatment in which such individual is named as the subject of the report.
The child named in the report has died, or the report involves the near fatality of a child.
Use of Records for Employment Screening
Citation: Soc. Serv. Law § 422
Chief executive officers of authorized agencies, directors of daycare centers, and directors of facilities operated or supervised by the Department of Education, the Division for Youth, the Office of Mental Health, or the Office of Mental Retardation and Developmental Disabilities, may access the information in records and reports in connection with a disciplinary investigation, action, or administrative or judicial proceeding instituted by any of such officers or directors against an employee of any such agency, center, or facility who is the subject of an indicated report when the incident of abuse or maltreatment contained in the report occurred in the agency, center, facility, or program, and the purpose of such proceeding is to determine whether the employee should be retained or discharged.
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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Soc. Serv. Law § 422
There shall be established within the Office of Child and Family Services a statewide central register.
Purpose
Citation: Soc. Serv. Law § 422
The central register shall be capable of:
Receiving telephone calls alleging child abuse or maltreatment
Immediately identifying prior reports of child abuse or maltreatment
Monitoring the provision of child protective service 24 hours a day, 7 days a week
Determining the existence of prior reports in order to evaluate the condition or circumstances of a child
Contents
Citation: Soc. Serv. Law § 422
The central register shall include, but not be limited to, the following:
All information in the written report
A record of the final disposition of the report, including services offered and accepted
The plan for rehabilitative treatment
The names of persons requesting information from the registry
Any other information believed to be helpful
Maintenance
Citation:
This issue is not addressed in the statutes reviewed.
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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: N.Y. Soc. Serv. Law § 419 (LexisNexis through 10-7-08)
Statute:
Any person, official, or institution participating in good faith in making a report or the taking of photographs, the removal or keeping of a child pursuant to this title, or the disclosure of Child Protective Services information in compliance with child reporting laws, shall have immunity from any civil or criminal liability that might otherwise result by reason of such actions.
For the purpose of any civil or criminal proceeding, the good faith of any such person, official, or institution required to report cases of child abuse or maltreatment or providing a reporting procedure service shall be presumed--provided that person, official, or institution was acting in the discharge of their duties and within the scope of their employment, and that such liability did not result from the willful misconduct or gross negligence of such person, official, or institution.
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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Soc. Serv. Law §§ 413(1); 415
Mandated reporters shall immediately make an oral or electronic report to the statewide central register when they have reasonable cause to suspect that a child has been abused or neglected by a person responsible for that child's care. Oral reports shall be followed by written reports within 48 hours.
Content of Reports
Citation: Soc. Serv. Law § 415
Written reports shall be made in a manner prescribed and on forms supplied by the commissioner of the Office of Children and Family Services and shall include the following information:
The names and addresses of the child and the child's parents or other person responsible for the child's care
The child's age, sex, and race
The nature and extent of any injury, abuse, or maltreatment, including any evidence of prior injuries, abuse, or maltreatment to the child or the child's siblings
The name of the person or persons alleged to be responsible for causing the injury, abuse, or maltreatment, if known
Family composition
The source of the report
The name and contact information of the person making the report
Actions taken by the reporting source
Any other information that the reporter believes may be helpful or required by regulation
Special Reporting Procedures
Suspicious Deaths
Citation: Soc. Serv. Law § 418
Any mandated reporter, including workers of the local child protective service agency or an official of the State agency responsible for investigation of a report of abuse or maltreatment of a child in residential care, who has reasonable cause to suspect that a child has died as a result of abuse or maltreatment shall report that fact to the appropriate medical examiner or coroner.
The medical examiner or coroner shall accept the report for investigation and shall issue a preliminary written report of his or her findings within 60 days of the date of death, absent extraordinary circumstances, and his or her final written report promptly to the police, the appropriate district attorney, the local child protective service, the Office of Children and Family Services, and, if the institution making the report is a hospital, the hospital. The Office of Children and Family Services shall promptly provide a copy of the preliminary and final reports to the statewide central register of child abuse and maltreatment.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Soc. Serv. Law § 424
Each child protective service shall:
Receive on a 24-hour, 7-day-a-week basis all reports of suspected child abuse or maltreatment
Transmit a copy of each written report to the State central register
No later than 7 days after receipt of the initial report send a preliminary written report of the initial investigation, including evaluation and actions taken or contemplated, to the central register
Upon receipt of a report, commence, within 24 hours, an appropriate investigation that shall include:
An evaluation of the environment of the child named in the report and any other children in the same home
A determination of the risk to such children if they continue to remain in the existing home environment
A determination of the nature, extent, and cause of any condition enumerated in the report
The names, ages, and conditions of other children in the home
After seeing to the safety of the child or children, notify the subjects of the report and other persons named in the report in writing of the existence of the report and their respective rights
Determine, within 60 days, whether the report is ''indicated'' or ''unfounded''
Take a child into protective custody to protect him or her from further abuse or maltreatment when appropriate and in accordance with the provisions of the family court act
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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Soc. Serv. Law § 413
[Effective October 1, 2007]
The following persons and officials are required to report:
Physicians, physician assistants, surgeons, medical examiners, coroners, dentists, dental hygienists, osteopaths, optometrists, chiropractors, podiatrists, residents, interns, psychologists, registered nurses, social workers, or emergency medical technicians
Licensed creative arts therapists, marriage and family therapists, mental health counselors, or psychoanalysts
Hospital personnel or Christian Science practitioners
School officials, including but not limited to, teachers, guidance counselors, school psychologists, school social workers, school nurses, or administrators
Social services workers, daycare center workers, providers of family or group family daycare, or employees or volunteers in a residential care facility or any other child care or foster care worker
Mental health professionals, substance abuse counselors, or alcoholism counselors
Peace officers, police officers, district attorneys or assistant district attorneys, investigators employed in the office of a district attorney, or other law enforcement officials
Reporting by Other Persons
Citation: Soc. Serv. Law § 414
Any other person who has reasonable cause to suspect that a child is abused or maltreated may report.
Standards for Making a Report
Citation: Soc. Serv. Law § 413
A report is required when the reporter has reasonable cause to suspect:
A child coming before him or her in his or her professional or official capacity is an abused or maltreated child.
The parent, guardian, custodian, or other person legally responsible for the child comes before the reporter and states from personal knowledge facts, conditions, or circumstances that, if correct, would render the child an abused or maltreated child.
Privileged Communications
Not addressed in statutes reviewed.
Inclusion of Reporter's Name in Report
Citation: Soc. Serv. Law § 415
The report shall include the name and contact information for the reporter.
Disclosure of Reporter Identity
Citation: Soc. Serv. Law § 422-a
Any disclosure of information shall not identify the source of the report.
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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: N.Y. Soc. Serv. Law § 371(4-a) (LexisNexis through 4-27-09)
Statute Text:
''Neglected child'' means a child younger than age 18, whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other person legally responsible for his or her care to exercise a minimum degree of care...by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he or she loses self-control of his or her actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he or she loses self-control of his or her actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired.
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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
Soc. Serv. Law § 420
Any mandatory reporter who willfully fails to report as required shall be guilty of a Class A misdemeanor.
Any mandatory reporter who knowingly and willfully fails to report as required shall be civilly liable for the damages proximately caused by such failure.
False Reporting
Penal Law § 240.50(4)
A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed, or circulated to be false or baseless, he reports, by word or action, to the statewide central register of child abuse and maltreatment, an alleged occurrence or condition of child abuse or maltreatment that did not in fact occur or exist.
Falsely reporting an incident in the third degree is a class A misdemeanor.
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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Soc. Serv. Law § 422(5), (7)-(8)
Notwithstanding any other provision of law, the Office of Children and Family Services may, at its discretion, grant a request to expunge an unfounded report when:
The source of the report was convicted of knowingly making a false allegatin in regard to such report.
The subject of the report presents clear and convincing evidence that affirmatively refutes the allegation of abuse or maltreatment.
The absence of credible evidence supporting the allegation of abuse or maltreatment shall not be the sole basis to expunge the report. Nothing in this paragraph shall require the Office of Children and Family Services to hold an administrative hearing to decide whether to expunge a report. Such office shall make its determination upon reviewing the written evidence submitted by the subject of the report and any records or information obtained from the State or local agency that investigated the allegations of abuse or maltreatment.
At any time, a subject of a report and other persons named in the report may receive, upon request, a copy of all information contained in the central register.
At any time subsequent to the completion of the investigation but in no event later than 90 days after the subject of the report is notified that the report is indicated, the subject may request the commissioner to amend the record of the report. If the commissioner does not amend the report within 90 days, the subject shall have the right to a fair hearing to determine whether the record of the report in the central register should be amended on the grounds that it is inaccurate or is being maintained in a manner inconsistent with the law.
When Records Must Be Expunged
Soc. Serv. Law § 422(6)
The record of the report to the central register shall be expunged 10 years after the 18th birthday of the youngest child named in the report. In the case of a child in residential care, the record of the report to the central register shall be expunged 10 years after the reported child's 18th birthday.
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Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: Soc. Serv. Laws § 409-e
Upon completion of any assessment of a family's needs and circumstances, and not later than 30 days after a child is removed from his or her home or is placed in foster care, the local social services district shall establish or update and maintain a family service plan based on an assessment of the family's needs and circumstances.
Who May Participate in the Case Planning Process
Citation: Soc. Serv. Laws § 409-e; N.Y. Reg. Tit. 18, § 428.3
The family service plan shall be prepared in consultation with the child's parent or guardian, unless such person is unavailable or unwilling to participate, or such participation would be harmful to the child, and with the child if the child is age 10 or older, and, when appropriate, with the child's siblings. Such consultation shall be done in person, unless such a meeting is impracticable or would be harmful to the child.
[The following is from New York Codes, Rules, and Regulations.]
Each family assessment and service plan must document the involvement of the parent or guardian and, when appropriate, children age 10 or older, including children in foster care and their siblings or half-siblings and children placed by a court in the direct custody of a relative or other suitable person, in the development of the plan or must document efforts to involve them in the development of the plan. Such efforts must include, but are not limited to:
Encouraging the parents or guardian and the children to participate in the development and review of the plan and attempting to obtain the parents' or guardian's signatures documenting their review of the plan
When the parents or guardian and/or children are not able to participate and arrangements cannot be made to allow participation, conveying the contents of the service plan and any recommendations to them, and attempting to obtain the parents' or guardian's comments and signatures documenting their review of the plan
Contents of a Case Plan
Soc. Serv. Laws § 409-e; N.Y. Reg. Tit. 18, § 428.6
The plan shall include at least the following:
Timeframes for periodic reassessment of the care and maintenance needs of each child and the manner in which such reassessments are to be accomplished
Short-term, intermediate, and long-term goals for the child and family and actions planned to meet the needs of the child and family and each goal
Identification of necessary and appropriate services and assistance to the child and members of the child's family
Any alternative plans for services where specific services are not available, and any viable options for services considered during the planning process
Where placement in foster care is determined necessary, specification of the reasons for such determination, the kind and level of placement, any available placement alternatives, an estimate of the anticipated duration of placement, and plan for termination of services under appropriate circumstances
[The following is from New York Codes, Rules, and Regulations.]
Each family service plan must include, but is not limited to, the following:
A program choice or choices for each child receiving services
A goal and plan for child permanency
A description of legal activities and their impact on the case
A thorough and comprehensive assessment or reassessment and analysis of the family members' strengths, needs and problems
Immediate actions or controlling interventions that must be taken or have been provided
The family's view of its needs and concerns
A plan of services and assistance made in consultation with the family and each child over age 10, whenever possible, that utilizes the family's strengths and addresses the family members' needs and concern
The status of the service plan including service availability and a description of the manner of service provision
The family's progress toward plan achievement
Essential data relating to the identification and history of the child and family members and a summary that documents the involvement of the parent(s) or guardian, child(ren) and any others in the development of the service plan
Safety assessments in all cases
Risk assessments in child protective services cases
Assessments of family functioning
For children placed in foster care, the plan also must include:
A description of the reasonable efforts made to prevent or eliminate the need for placement or the justification for the determination that reasonable efforts were not necessary
Identification of all available placement alternatives and the specific reasons why they were rejected
Efforts made to locate any absent parents
Documentation that continuity in the child's environment has been maintained or the reasons why this is not practicable or in the best interests of the child
Information about whether the child will be placed with the child's siblings and, if not, the reasons why and the arrangements made for contact with the siblings
An estimate of the anticipated duration of the placement and the circumstances and conditions that must be met to safely discharge the child from placement
A visiting plan for the child with his or her parent(s), guardian, siblings, and other significant family members
A description of the reasons identified for not filing a petition to terminate parental rights for any child in foster care for at least 15 of the most recent 22 months
Where concurrent planning is determined through assessment to be warranted in the case, a description of the alternate plan to achieve permanency for the child if the child cannot be safely returned home
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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Statute Text:
This issue is not addressed in the statutes reviewed.
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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Fam. Crt. Act § 1089
For a child in foster care:
The initial permanency hearing shall be commenced no later than 6 months from the date that is 60 days after the child was removed from his or her home.
Subsequent permanency hearings for a child who remains in foster care shall be commenced no later than 6 months from the completion of the previous permanency hearing.
After a child has been freed for adoption, permanency hearings shall be held:
No later than 30 days after the hearing at which the child was freed
No later than 6 months from the completion of the previous permanency hearing
Persons Entitled to Attend Hearings
Citation: Fam. Crt. Act § 1089
Notice of permanency hearings shall be provided to:
The child's parent, including any nonrespondent parent
Any other person legally responsible for the child's care
The agency supervising the care of the child
Any preadoptive parent or relative providing care for the child
A former foster parent, if any, in whose home the child previously had resided for a continuous period of 12 months in foster care
A preadoptive parent, relative, or former foster parent, on the basis of such notice, shall have an opportunity to be heard but shall not be a party to the permanency hearing.
Determinations Made at Hearings
Citation: Fam. Crt. Act § 1089
The court shall review the permanency hearing report that shall include, but need not be limited to, up-to-date and accurate information regarding:
The child's current permanency goal
The health, well-being, and status of the child since the last hearing
The child's current placement
The educational and other progress the child has made since the last hearing
The visitation plan for the child
For a child who is age 16 who elects not to participate in an educational program leading to a high school diploma, the steps that the local social services district has taken to assist the child to become gainfully employed or enrolled in a vocational program
For a child who is age 14 or older, the services and assistance that are being provided to enable the child to learn independent living skills
Any other services being provided to the child
The status of the parent, including:
The services that have been offered to the parent to enable the child to safely return home
The steps the parent has taken to use the services
Any barriers encountered to the delivery of such services
The progress the parent has made toward reunification
Any other steps the parent has taken to comply with and achieve the permanency plan
The reasonable efforts to achieve the child's permanency plan that have been taken by the local social services district or agency since the last hearing
The recommended permanency plan
Permanency Options
Citation: Fam. Crt. Act § 1089
The child's current permanency goal may be:
Return to the parent or parents
Placement for adoption with the local social services official filing a petition for termination of parental rights
Referral for legal guardianship
Permanent placement with a fit and willing relative
Placement in another planned permanent living arrangement that includes:
A significant connection to an adult who is willing to be a permanency resource for the child
Documentation of the compelling reason for determining that another permanency option would not be in the best interests of the child
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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.
Requirements for Foster Parents
Citation: Soc. Serv. Law § 378-a
A fingerprint-based criminal history records check is required for a prospective foster parent and any household member who is age 18 or older.
An application for certification or approval of a prospective foster parent shall be denied where a criminal history record reveals a conviction for:
Child abuse or neglect
Spousal abuse
A crime against a child, including child pornography
A crime involving violence, including rape, sexual assault, or homicide
A felony conviction within the past 5 years for physical assault, battery, or a drug-related offense
Requirements for Adoptive Parents
Citation: Dom. Rel. Law §§ 112; 115-d; Code of Rules & Regs. Tit. 18, § 421.27
Before making an order of adoption, the judge shall inquire of the Department of Social Services whether an adoptive parent is the subject of an indicated report filed with the statewide central register of child abuse and maltreatment.
A fingerprint-based check shall be made for any existing criminal history record of the applicant. A petition for certification as a qualified adoptive parent shall be denied where a criminal history record reveals:
A felony conviction at any time involving:
Child abuse or neglect
Spousal abuse
A crime against a child, including child pornography
A crime involving violence, including rape, sexual assault, or homicide, other than a crime involving physical assault or battery
A felony conviction within the past 5 years for physical assault, battery, or a drug-related offense
Notwithstanding a criminal conviction, an application may be approved if the applicant demonstrates that:
Such denial will create an unreasonable risk of harm to the physical or mental health of the child.
Certification of the applicant will not place the child's safety in jeopardy and will be in the best interests of the child.
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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: N.Y. Soc. Serv. Law § 358-a(3)(c) (LexisNexis through 10-31-07)
Statute Text:
For the purpose of this section, in determining reasonable efforts to be made with respect to a child, and in making such reasonable efforts, the child's health and safety shall be the paramount concern.
Citation: N.Y. Soc. Serv. Law § 384-b(1) (LexisNexis through 10-31-07)
Statute Text:
The legislature recognizes that the health and safety of children are of paramount importance. To the extent it is consistent with the health and safety of the child, the legislature further finds that:
It is desirable for children to grow up with a normal family life in a permanent home and that such circumstance offers the best opportunity for children to develop and thrive.
It is generally desirable for the child to remain with or be returned to the birth parent because the child's need for a normal family life will usually best be met in the home of its birth parent, and that parents are entitled to bring up their own children unless the best interests of the child would be thereby endangered.
The State's first obligation is to help the family with services to prevent its breakup or to reunite it if the child has already left home.
When it is clear that the birth parent cannot or will not provide a normal family home for the child and when continued foster care is not an appropriate plan for the child, then a permanent alternative home should be sought for the child.
The legislature further finds that many children who have been placed in foster care experience unnecessarily protracted stays in such care without being adopted or returned to their parents…. Such unnecessary stays may deprive these children of positive, nurturing family relationships and have deleterious effects on their development into responsible, productive citizens. Provision of a timely procedure for the termination of the rights of the birth parents, in appropriate cases, could reduce such unnecessary stays.
It is the intent of the legislature…to provide procedures not only assuring that the rights of the birth parent are protected, but also, where positive, nurturing parent-child relationships no longer exist, furthering the best interests, needs, and rights of the child by terminating parental rights and freeing the child for adoption.
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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Soc. Serv. Law §§ 358-a; 384-b
An order terminating parental rights shall be granted only upon a finding that one or more of the grounds specified below are based upon clear and convincing proof:
The parent has abandoned the child for 6 months immediately prior to the date on which the petition is filed in the court.
The parent is presently and for the foreseeable future unable, by reason of mental illness or mental retardation, to provide proper and adequate care for the child.
The child is a permanently neglected child.
The parent severely or repeatedly abused such child.
When a court determines that reasonable efforts to reunite the child with his or her parent are not required, a petition to terminate parental rights may be filed immediately. Reasonable efforts shall not be required when:
The parent has subjected the child to aggravated circumstances, as defined below.
The parent of such child has been convicted of:
Murder or voluntary manslaughter and the victim was another child of the parent
The attempt to commit any of the above crimes
Assault or aggravated assault upon a person less than age 11 that resulted in serious physical injury to the child or another child of the parent
The parent has failed for 6 months to keep the agency apprised of his or her location.
An incarcerated parent has failed on more than one occasion to cooperate with efforts to assist the parent to plan for the future of the child or to plan and arrange visits with the child.
The parental rights of the parent to a sibling of the child have been involuntarily terminated.
''Aggravated circumstances'' means:
A child has been either severely or repeatedly abused.
A child has subsequently been found to be an abused child within 5 years after returning home following placement in foster care as a result of being found to be a neglected child.
The parent of a child in foster care has refused and has failed completely, over a period of at least 6 months from the date of removal, to engage in services necessary to eliminate the risk of abuse or neglect.
Circumstances That Are Exceptions to Termination of Parental Rights
Soc. Serv. Law § 384-b
When the child has been in foster care for 15 months of the most recent 22 months, has been determined to be an abandoned child, or the parent has been convicted of one of the crimes listed above, a petition to terminate the parent's rights shall be filed unless:
The child is being cared for by a relative or relatives.
The agency has documented in the most recent case plan a compelling reason for determining that the filing of a petition would not be in the best interest of the child.
The agency has not provided to the parent or parents of the child such services as it deems necessary for the safe return of the child to the parent or parents, unless such services are not legally required.
For the purposes of this section, a compelling reason why a petition for termination of parental rights is not required may include, but is not limited to:
The child was placed into foster care, and a review of the specific facts and circumstances of the child's placement demonstrates that the appropriate permanency goal for the child is either a return to his or her parent or guardian or discharge to independent living.
The child has a permanency goal other than adoption.
The child is age 14 or older and will not consent to his or her adoption.
There are insufficient grounds for filing a petition to terminate parental rights.
The child is the subject of a pending disposition.
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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Penal Code §§ 260.03; 260.15
A child who is not more than 5 days old may be relinquished.
Who May Relinquish the Infant
Penal Code §§ 260.03; 260.15
The child may be relinquished by his or her parent.
Who May Receive the Infant
Penal Code §§ 260.03; 260.15
The child may be left with an appropriate person at a suitable location.
Responsibilities of the Safe Haven Provider
This issue is not addressed in the statutes reviewed.
Immunity for the Provider
This issue is not addressed in the statutes reviewed.
Protection for Relinquishing Parent
Penal Code §§ 260.03; 260.15
Relinquishment of the child to a safe haven is an affirmative defense to prosecution for abandonment or endangering the welfare of a child.
Effect on Parental Rights
Soc. Serv. Law § 358-a
Reasonable efforts to reunify the child with his or her parent are not required when a court has determined the child was abandoned by the parent with an intent to wholly abandon such child.
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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Citations:
Adoption: Domestic Relations Law, Article 7; Social Services Law, Article 6, Title 9; Public Health Law, Article 41, Title 3, §§ 4138 through 4138-d
Child Protection: Social Services Law, Article 6, Titles 1, 4, 6
Child Welfare: Social Services Law, Article 6, Titles 1-A, 3
Regulation/Policy
Website for Administrative Code:
www.dos.state.ny.us/info/nycrr.htm
Note:
Click on NYCRR, then see Title 18, Chapter II, Subchapter C
Website for Agency Policies:
www.ocfs.state.ny.us/main/policies/external/
Other Resources
Office of Children and Family Services
Publications Index Page
www.ocfs.state.ny.us/main/publications/
Working Together: Health Services for Children in Foster Care
www.ocfs.state.ny.us/main/sppd/health_services/manual.asp
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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Fam. Ct. Act § 1017
The court should determine whether the relative seeks approval as a foster parent for the purposes of providing care for a child in need of placement or wishes to provide free care and custody for the child during the pendency of any orders.
Requirements for Placement with Relatives
Citation: Fam. Ct. Act § 1017
The commissioner, pursuant to regulations of the Department of Social Services, will perform an investigation of the home of the relative within 24 hours and approve such relative, if qualified, as a foster parent.
Relatives Who May Adopt
Citation: Soc. Serv. Law § 383-c
Subject to relinquishment by a parent, the court shall accept all petitions for the adoption of a child by any relative of the child.
Requirements for Adoption by Relatives
Citation: Soc. Serv. Law § 383-c
A home study is required.
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.
What Are Reasonable Efforts
Citation: Soc. Serv. Law § 384-b
''Diligent efforts'' shall mean reasonable attempts by an agency to assist, develop, and encourage a meaningful relationship between the parent and child, including:
Consultation and cooperation with the parents to develop a plan for appropriate services
Making suitable arrangements for the parent to visit with the child
Provision of services and other assistance so that problems preventing the child’s discharge from care can be resolved
Informing the parents of the child's progress, development, and health
Making suitable arrangements with a correctional facility for an incarcerated parent to visit with the child, if such visiting is in the best interests of the child
When Reasonable Efforts Are Required
Citation: Soc. Serv. Law § 358-a
Reasonable efforts must be made:
Prior to placement to prevent or eliminate the need for removal of the child from the home
To make it possible for the child to return home
If the permanent plan for the child is other than reunification, to make and finalize such alternative permanent placement
When Reasonable Efforts Are NOT Required
Citation: Soc. Serv. Law §§ 358-a; 384-b
Reasonable efforts are not required when a court finds that:
The parent has subjected the child to aggravated circumstances, where the child has been either severely or repeatedly abused.
The parent has been convicted of murder or voluntary manslaughter of another child, or the attempt to commit such crime and the victim was the child or another child of the parent.
The parent has been convicted of assault that resulted in serious bodily injury of the child or another child.
The parent's parental rights to another child have been terminated involuntarily.
The parent has failed to keep the agency apprised of his or her location for a period of 6 months.
An incarcerated parent has failed to cooperate with agency efforts to assist the parent to plan for the future of the child or to arrange visits with the child.
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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
Who Can Nominate a Standby Guardian
Citation: Surrogate's Crt. Proc. Act § 1726
A parent, legal guardian, or legal custodian may petition for the appointment of a standby guardian. The child's primary caretaker may petition when the parent, guardian, or custodian cannot be located.
How to Establish a Standby Guardian
Citation: Surrogate's Crt. Proc. Act §§ 1726; 1706
The petition must state:
Whether the authority of the standby guardian is to become effective upon the petitioner's incapacity, death, or consent, whichever occurs first
That the petitioner suffers from either a progressively chronic illness or an irreversibly fatal illness, and the basis for such statement, such as the date and source of a medical diagnosis, without requiring the identification of the illness in question
If the court finds that the petitioner suffers from a progressively chronic illness or an irreversibly fatal illness and that the interests of the child will be promoted by the appointment of a standby guardian, it must make a decree accordingly.
A standby guardian may also be designated by a written designation, signed by the parent in the presence of two witnesses. An optional designation form is provided in the statute.
The court will consider the preference of a child who is age 14 or older.
How Standby Authority is Activated
Citation: Surrogate's Crt. Proc. Act § 1726
The standby guardian's authority commences upon receipt of a determination of the parent's incapacity, certificate of the parent's death, or the parent's written consent. An attending physician must document the parent's incapacity.
A guardian by judicial decree has 90 days to file confirming documents. A guardian by written designation has 60 days to file confirming documents and petition for appointment.
Involvement of the Noncustodial Parent
Citation: Surrogate's Crt. Proc. Act § 1705
Notice of hearing is required to any parent living in a known residence in New York, unless the parent has abandoned the child, is deprived of civil rights, divorced from the custodial parent, incompetent, or otherwise judicially deprived of custody of the child.
Authority Relationship of the Parent and the Standby
Citation: Surrogate's Crt. Proc. Act § 1726
The commencement of the standby guardian's authority due to incapacity, debilitation, or consent shall not divest the parent of any parental rights, but shall confer upon the standby guardian concurrent authority with respect to the child.
Withdrawing Guardianship
Citation: Surrogate's Crt. Proc. Act § 1726
The petitioner may revoke a standby guardianship created by judicial appointment by executing a written revocation, filing it with the court that issued the decree, and promptly notifying the standby guardian of the revocation.
A judicially appointed standby guardian may at any time before the commencement of his or her authority renounce the appointment by executing a written renunciation and filing it with the court that issued the decree, and promptly notifying the petitioner of the revocation.
The parent may revoke a standby guardianship created by written designation:
By executing a subsequent designation of guardianship by petition to the court
In the case of a standby guardian whose authority becomes effective upon the death of the parent, by a subsequent designation of standby guardian set forth in a will of the parent
By notifying the standby guardian verbally or in writing or by any other act evidencing a specific intent to revoke the standby guardianship prior to the filing of a petition
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Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.
Who May Access Information
Citation: Pub. Health Law §§ 4138-c; 4138-d
The following persons may receive information:
The adoptee who is age 18 or older
The birth parents
A birth sibling who is age 18 or older
The adoptive parents of an adoptee who is under age 18
Access to Nonidentifying Information
Citation: Pub. Health Law §§ 4138-c; 4138-d
The department shall operate an adoption information registry for the exchange of nonidentifying information between the persons listed above. Nonidentifying information shall include only the following information, if known, about the adoptee, birth parents, and birth siblings:
The age of the parents in years at the time of the child's birth
The heritage of the parents, including nationality, ethnic background, race, and religion
Education completed by the parents at the time of the child's birth
General physical appearance of the parents at the time of the child's birth, including height, weight, color of hair, eyes, skin, and other information of similar nature
The occupation of the parents
The health history of the parents
The talents, hobbies, and special interests of the parents
The facts and circumstances relating to the adoption
The existence of any known birth siblings
Upon acceptance of a registration, the department shall search registry records to determine whether the adoptee's adoption occurred within the State. If the adoption did occur within the State, the department shall request nonidentifying information from court records. If the department determines that the adoption did not occur within the State, it shall notify the registrant that no record exists of the adoption occurring within the State.
If an agency was involved in the adoption, nonidentifying information may be accessed by registering the mutual consent voluntary adoption registry maintained by the agency.
Mutual Access to Identifying Information
Citation: Pub. Health Law §§ 4138-c; 4138-d
The department shall operate an adoption information registry for the exchange of information among the persons listed above. Any person whose registration was accepted may withdraw the registration prior to the release of any identifying information.
Upon acceptance of a registration, the department shall search the registry files to determine whether the person sought is registered. If there is a match, the department shall notify the court to request the person's final consent to the release of identifying information.
Upon receipt of a final consent by the adoptee, birth parent, and/or birth sibling, the department shall, unless the adoptee or birth sibling has elected otherwise, release identifying information to all the registrants. Such identifying information shall be limited to the names and addresses of the registrants and shall not include any other information contained in the adoption or birth records.
A mutual consent voluntary adoption registry may be maintained by each agency involved in an adoption. Persons eligible to receive identifying information may work through the agency involved in the adoption. The agency shall accept and maintain the registrations of an adoptee, the birth parents, or a birth sibling. If the agency determines that the agency was involved in the adoption, it shall transmit the registration to the adoption information registry operated by the department and release nonidentifying information.
An adoption medical information subregistry shall be part of the registry. Access to all identifying records and information in the subregistry shall be subject to the same restrictions as the adoption information registry. The department shall establish procedures by which a birth parent may provide medical information to the subregistry, and by which an adoptee age 18 or older, or the adoptive parents of an adoptee who is under age 18, may access the medical information.
Access to Original Birth Certificate
Citation: Pub. Health Law § 4138
The original birth certificate is available only upon order of the court.
Where the Information Can Be Located
New York State Department of Health, Adoption Registry
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.
Agency or Person Gathering Information or Preparing Report
Citation: Dom. Rel. Law §§ 112; 116
An investigation shall be conducted by a disinterested person, as approved by the court, that may include:
The probation service of the family court
A licensed master social worker
A licensed clinical social worker
An authorized agency specifically designated by the court to conduct preplacement investigations
Contents of Report About Person to be Adopted
Citation: Dom. Rel. Law § 112
The report on the adoptive child shall provide:
The first name and date and place of birth of the adoptive child, as nearly can be ascertained
The family status and history of the child
The physical and mental health of the child
The religious faith of the adoptive child and his or her parents, if known
Contents of Report About Birth Parents
Citation: Dom. Rel. Law § 112
Information about the status of the birth parents at the time of the adoptive child's birth shall be provided and may include:
The heritage of the parents, including nationality, ethnic background, and race
The number of years of school completed by the parents
General physical appearance of the parents, including height, weight, and color of hair, eyes, and skin
The occupation of the parents
Health and medical history of the parents, including all available information on conditions or diseases believed to be hereditary
Any drugs or medication taken during the pregnancy by the child's mother
Any other information that may be a factor influencing the child's present or future health
Talents, hobbies, and special interests of the parents
The names and current addresses of the birth parents, if known
Contents of Report About Adoptive Parents
Citation: Dom. Rel. Law §§ 112; 116
The investigation report on the adoptive parents shall include the following information:
The marital and family status and history
The religious faith
The physical and mental health of the adoptive parents
The parents' occupation and approximate income
The property owned by the adoptive parents
The compensation paid or agreed upon with respect to the placement of the child for adoption
Whether either adoptive parent has ever been respondent in any proceeding concerning allegedly abused, neglected, abandoned, or delinquent children
Any other facts relating to the familial, social, religious, emotional, and financial circumstances of the adoptive parents that may be relevant
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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.
Who Must Consent to an Adoption
Citation: Dom. Rel. Law §§ 111; 113
Consent to adoption shall be required from the following persons or entities:
The parents or surviving parent, whether adult or minor, of a child conceived or born in wedlock
The mother, whether adult or minor, of a child born out of wedlock
The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents more than 6 months after birth, but only if such father shall have maintained substantial and continuous or repeated contact with the child
The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents less than 6 months after birth, but only if the father:
Openly lived with the child or the child's mother for a continuous period of 6 months immediately preceding the placement of the child for adoption
Openly held himself out to be the father of such child during such period
Paid a fair and reasonable sum, in accordance with his means, for the medical, hospital, and nursing expenses incurred in connection with the mother's pregnancy or with the birth of the child
Any person or authorized agency having lawful custody of the adoptive child
An authorized agency may consent to the adoption of a minor whose custody and guardianship has been transferred to such agency.
Age When Consent of Adoptee is Considered or Required
Citation: Dom. Rel. Law § 111
Consent to adoption shall be required of the adoptive child who is age 14 or older, unless the judge or surrogate in his discretion dispenses with such consent.
When Parental Consent is not Needed
Citation: Dom. Rel. Law § 111
Consent shall not be required of a parent or of any other person having custody of the child:
Who evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her failure for a period of 6 months to visit the child and communicate with the child or person having legal custody of the child, although able to do so
Who has surrendered the child to an authorized agency
For whose child a guardian has been appointed
Who, by reason of mental illness or mental retardation, is presently and for the foreseeable future unable to provide proper care for the child
Who has executed an instrument, that shall be irrevocable, denying the paternity of the child
When Consent Can Be Executed
Citation:
This issue is not addressed in the statutes reviewed.
How Consent Must Be Executed
Citation: Dom. Rel. § 115-b; Soc. Serv. Law. § 384
A consent to adoption executed by a person who is in foster care shall only be executed before a judge of the family court.
A consent to a private placement adoption may be executed or acknowledged before any judge or surrogate in this State having jurisdiction over adoption proceedings. Such consent shall state that it is irrevocable upon such execution or acknowledgment.
At the time that a parent appears before a judge or surrogate to execute or acknowledge a consent to adoption, the judge or surrogate shall inform such parent of the consequences of such act, including informing 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. The judge or surrogate shall give such parent a copy of such consent upon the execution thereof.
In any case where a consent is not executed or acknowledged before a judge or surrogate, such consent shall be executed or acknowledged before a notary public or other officer authorized to take proof of deeds. A copy of such consent shall be given to such parent upon the execution thereof.
Revocation of Consent
Citation: Dom. Rel. § 115-b
A judicial consent shall state that it is irrevocable upon such execution or acknowledgment.
In an extrajudicial consents, such consent shall become irrevocable 45 days after the execution of the consent unless written notice of revocation thereof is received by the court in which the adoption proceeding is to be commenced within the 45 days. The notice of revocation shall be given effect only if the adoptive parents fail to oppose such revocation, or, if they oppose such revocation and the court has determined that the best interests of the child will be served by giving force and effect to such revocation.
Nothing contained in this section shall bar actions or proceedings brought on the ground of fraud, duress, or coercion in the execution of an adoption consent.
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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.
Jurisdiction
Citation: Fam. Ct. §§ 115, 641
The family court has original jurisdiction concurrent with the surrogate's courts over adoption proceedings under article 7 of the domestic relations law.
Venue
Citation: Dom. Rel. §§ 113(3); 115(2)
In an 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.
The adoptive parents reside.
The authorized agency has its principal office if the adoptive parents do not reside in the State.
In a private placement adoption, the proceeding shall be instituted in the county where the adoptive parents reside or, if the adoptive parents do not reside in the State, in the county where the adoptive child resides.
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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.
Effect and Recognition of a Foreign Adoption Decree
This issue is not addressed in the statutes reviewed.
Readoption After an Intercountry Adoption
Citation: Dom. Rel. Law § 115-a(8)
Notwithstanding any provision of law to the contrary, when a child is placed with a couple or individual in New York State for the purpose of adoption, and the adoption has previously been finalized in the country of birth, outside the United States, the couple or person may petition the court in their county of residence in New York State for the readoption of the child in accordance with the provisions of this chapter, providing for adoptions originally commenced in this State.
In any proceeding for readoption, proof of finalization of an adoption outside the United States shall be prima facie evidence of the consent of those parties required to give consent to an adoption.
Application for a U.S. Birth Certificate
Citation: Pub. Health Law § 4138-a
A certificate of birth shall be prepared whenever proper proof is submitted to the commissioner that a person, who is under age 18 and born outside of the United States, has been validly adopted by residents of this State pursuant to a judgment, order, or decree of adoption issued by a court of competent jurisdiction in this State, another State, or a foreign country.
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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.
Birth Parents in Relation to Adopted Person
Citation: Dom. Rel. Law § 117
After the making of an order of adoption, the birth parents of the adoptive child shall be relieved of all parental duties toward and of all responsibilities for and shall have no rights over such adoptive child or to his or her property by descent or succession. The right of an adopted child to inheritance and succession from and through his or her birth parents shall terminate.
When a birth or adoptive parent, having lawful custody of a child, marries or remarries and consents that the stepparent may adopt the child, such consent shall not relieve the parent so consenting of any parental duty toward the child, nor shall consent or the order of adoption affect the rights of the consenting spouse and the adoptive child to inherit from and through each other and the birth and adopted kindred of the consenting spouse.
Notwithstanding the above, and as to estates of persons dying after August 31, 1987, if the decedent is the adoptive child's birth grandparent or is a descendant of such grandparent, and an adoptive parent is married to the child's birth parent, is the child's birth grandparent, or is descended from such grandparent, then the rights of an adoptive child to inheritance and succession from and through either birth parent shall not terminate upon the making of the order of adoption. However, an adoptive child who is related to the decedent both by birth relationship and by adoption shall be entitled to inherit only under the birth relationship unless the decedent also is the adoptive parent, in which case the adoptive child shall then be entitled to inherit pursuant to the adoptive relationship only.
Adoptive Parents in Relation to Adopted Person
Citation: Dom. Rel. Law § 117
The adoptive parent(s) and the adopted child shall sustain toward each other the legal relation of parent and child and shall have all the rights and be subject to all the duties of that relation, including the rights of inheritance from and through each other.
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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.
What may be included in postadoption contact agreements?
Citation: Soc. Serv. Law § 383-c(2)(b); Dom. Rel. Law § 112-b
The parties to an adoption may enter into a written agreement providing for communication or contact between the child and the child’s parent or parents on such terms as may be agreed to by the parties.
The 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 age 14 or older, such terms and conditions shall not be enforceable unless such sibling or half-sibling consents to the agreement in writing.
Nothing in this section shall be construed to prohibit the parties to a proceeding under this chapter from entering into an agreement regarding communication with or contact between an adoptive child, adoptive parent or parents, and a birth parent or parents and/or the adoptive child's biological siblings or half-siblings.
Who may be a party to a postadoption contact agreement?
Citation: Soc. Serv. Law § 383-c(2)(b); Dom. Rel. Law § 112-b
The parties to the adoption may enter into an agreement regarding communication with or contact between an adoptive child, adoptive parent or parents, and a birth parent or parents and/or the adoptive child's biological siblings or half-siblings.
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 legal guardian 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 law guardian may enter into a written agreement providing for communication or contact, on such terms and conditions as may be agreed to by the parties.
What is the role of the court in postadoption contact agreements?
Citation: Soc. Serv. Law § 383-c(2)(b); Dom. Rel. Law § 112-b
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.
The court shall not incorporate an agreement regarding communication or contact into an order unless the terms and conditions of the agreement have been set forth in writing and consented to in writing by the parties to the agreement, including the law guardian representing the adoptive child. The court shall not enter a proposed order unless it has found that the communication with or contact between the adoptive child, the prospective adoptive parent or parents, and a birth parent or parents and/or biological siblings or half-siblings, as agreed upon and as set forth in the agreement, would be in the adoptive child's best interests.
Are agreements legally enforceable?
Citation: Soc. Serv. Law § 383-c(2)(b); Dom. Rel. Law § 112-b; Fam. Crt. Act § 1055-a
Enforcement of any agreement prior to the adoption of the child shall be in accordance with § 1055-a(b) of the family court act. Subsequent to the adoption of the child, enforcement of any agreement shall be in accordance with § 112-b of the domestic relations law.
Agreements regarding communication or contact between an adoptive child, adoptive parent or parents, and a birth parent or parents and/or biological siblings or half-siblings of an adoptive child shall not be legally enforceable unless the terms of the agreement are incorporated into a written court order. Failure to comply with the terms and conditions of an approved order regarding communication or contact that has been entered by the court pursuant to this section shall not be grounds for setting aside an adoption decree or revocation of written consent to an adoption after that consent has been approved by the court as provided in this section.
An order incorporating an agreement regarding communication or contact entered under this section may be enforced by any party to the agreement or the law guardian by filing a petition in the family court in the county where the adoption was approved.
The court shall not enforce an order under this section unless it finds that the enforcement is in the child's best interests. If an agreement for continuing contact and communication pursuant to § 383-c(2)(b) of the social services law is approved by the court, and the child who is the subject of the approved agreement has not yet been adopted, any party to the approved agreement may file a petition with the family court in the county where the agreement was approved to enforce such agreement. A copy of the approved agreement shall be annexed to such petition. The court shall enter an order enforcing communication or contact pursuant to the terms and conditions of the agreement unless the court finds that enforcement would not be in the best interests of the child.
How may an agreement be terminated or modified?
This issue is not addressed in the statutes reviewed.
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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.
Birth Parent Expenses Allowed
Citation: Soc. Serv. Law § 374(6)
The adoptive parent is permitted to make the following payments:
Reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of the child
Other necessary expenses incurred by the mother in connection with or as a result of her pregnancy or the birth of the child
Reasonable and actual nursing, medical, or hospital fees for the care of the child
The birth mother's reasonable and actual expenses for housing, maternity clothing, clothing for the child, and transportation
Birth Parent Expenses Not Allowed
Citation: Soc. Serv. Law § 374(6)
Payment of living expenses shall not extend for 60 days prior to the birth, and 30 days after the birth, unless the court determines that there are exceptional circumstances.
Allowable Payments for Arranging Adoption
Citation: Soc. Serv. Law § 374(6); Dom. Rel. Law § 116(3)(d)
No person may pay or give to any person or to any agency, association, corporation, institution, society, or organization, except an authorized agency, any compensation or thing of value in connection with the adoption of a child or for assisting a parent, relative, or guardian of a child in arranging for the placement of the child for the purpose of adoption.
In a private placement adoption, the investigation and report shall include the compensation paid or agreed upon with respect to the placement of the child for adoption.
Allowable Payments for Relinquishing Child
Citation: Soc. Serv. Law § 374(6)
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 a child or for assisting a parent, relative, or guardian of a child in arranging for the placement of the child for adoption.
Allowable Fees Charged by Department/Agency
Citation: Soc. Serv. Law § 374(6)
An authorized agency may charge or accept a fee or other compensation from a person with whom it has placed a child, for the reasonable and necessary expenses of such placement.
The adoptive parent may also pay 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.
Accounting of Expenses Required by Court
Citation: Dom. Rel. § 115(8)
In a private placement adoption, the adoptive parents shall present an affidavit describing all fees, compensation, and other remunerations paid by them on account of or incidental to the birth or care of the adoptive child, the pregnancy or care of the adoptive child's mother, the placement or adoption of the child, and assistance in arrangements for such placement or adoption.
The attorney representing the adoptive parents shall also present an affidavit describing all fees, compensation, and other remuneration received by him or her on account of or incidental to the placement or adoption of the child or assistance in arrangements for such placement or adoption.
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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.
Legal definition of "father"
This issue is not addressed in the statutes reviewed.
Putative father registry
Soc. Serv. Law § 372-c
The department shall establish a putative father registry that shall record the names and addresses of:
Any person adjudicated by a court of this State to be the father of a child born out of wedlock
Any person who has filed with the registry, before or after the birth of a child out of wedlock, a notice of intent to claim paternity of the child
Any person adjudicated by a court of another State or territory of the United States to be the father of an out-of-wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person
Any person who has filed with the registry an instrument acknowledging paternity
An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.
Alternate means to establish paternity
Pub. Health Law § 4135-b
Immediately preceding or following the in-hospital birth of a child to an unmarried woman, the person in charge of such hospital shall provide to the child's mother and putative father, if such father is readily identifiable and available, the documents and written instructions necessary for such mother and putative father to complete an acknowledgment of paternity witnessed by two persons not related to the signatory.
Such acknowledgment, if signed by both parties, at any time following the birth of a child, shall be filed with the registrar at the same time at which the certificate of live birth is filed, if possible, or anytime thereafter.
Required Information
Soc. Serv. Law § 372-c
A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include therein his current address and shall notify the registry of any change of address pursuant to procedures prescribed by regulations of the department.
Revocation of claim to paternity
Soc. Serv. Law § 372-c
A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed and, upon receipt of such notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
Access to information
Soc. Serv. Law § 372-c
The department shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency, and such information shall not be divulged to any other person, except upon order of a court for good cause shown.
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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.
Use of Advertisement
This issue is not addressed in the statutes reviewed.
Use of Intermediaries/Facilitators
Citation: Soc. Serv. Law § 374(2)
No person, agency, association, corporation, institution, society, or other organization except an authorized agency shall place any child. This section shall not restrict or limit the right of a parent, legal guardian, or relative within the second degree to place out a child.
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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.
Who May Adopt
Citation: Dom. Rel. Law § 110
The following persons may adopt:
An adult unmarried person
An adult husband and adult wife together
An adult married person legally separated
Who May Be Adopted
Citation: Dom. Rel. Law § 110
Any person may be adopted.
Who May Place a Child for Adoption
Citation: Soc. Serv. Law § 374
The child may be placed for adoption by:
An authorized agency
A parent
A legal guardian
A relative within the second degree
Fighting Child Protective Services False Accusations
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