N.Y. Comp. Codes R. & Regs. tit. 18 § 421.2

Current through Register Vol. 46, No. 19, May 8, 2024

Section 421.2 - Principles of adoption services

(a) For each child deprived of a permanent family, an adoptive family shall be sought in which he may have the opportunity for growth and development through loving care, parental guidance and the security of a permanent home.

(b) Efforts to remove a child from the care and custody of his biological parent, adoptive parent, or legal guardian shall be undertaken only when it is clearly established that such action is in such child's best interest.

(c) The rights of children, biological parents, legal guardians, foster parents and adoptive families shall be respected and protected through responsible agency administration.

(d) In accordance with section 373-a of the Social Services Law and section 357.3(b) of this Title, disclosure of the child's comprehensive health history is required to be made to prospective adoptive parents. This includes information related to a diagnosis of AIDS, HIV-related illness or HIV infection or an HIV-related test. The terms AIDS, HIV-related illness, HIV infection and HIV-related test are defined in section 360-8.1 of this Title. A prospective adoptive parent may redisclose confidential HIV-related information concerning the child placed with such parent for adoption.

(e) Minor siblings or half-siblings who are free for adoption must be placed together in a prospective adoptive family home unless the social services district or the voluntary authorized agency with guardianship and custody determines that such placement would be detrimental to the best interests of one or more of the children. Such determination can be made only after a careful assessment, in accordance with section 421.18(d) of this Part, establishes that the placement would be contrary to the health, safety or welfare of one or more of the children. The placement decision must be fully documented in the case record.

(f) Each child under care in need of adoption but not legally free for placement, shall be identified as early as possible, and the pursuit of voluntary surrender or the legal process to sever those parental or guardianship rights of custody and guardianship to the child impeding his or her speedy placement in an adoptive family shall be initiated.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.2

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015