N.Y. Comp. Codes R. & Regs. tit. 18 § 420.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 420.2 - Referral to the State Adoption Service

Except when a waiver of referral is authorized pursuant to subdivision (d) of this section, each legally freed child who has received foster care from an authorized agency for a period of three months or more (including any period of foster care immediately preceding the date on which the child was legally freed for adoption) and who is not in an adoptive placement as defined by section 421.1(d) of this Title must, and any other legally freed child may, be referred by an authorized agency to the State Adoption Service within 10 working days following the end of that three-month period.

(a) Photo listing. Except where a waiver of photo listing is authorized pursuant to subdivision (c) of this section, for each child being referred, the authorized agency must submit to the department the referral form issued by the department with a recent photograph and a written description of the child to be photo listed.

(b) Delay in photo listing.

(1) Upon referral, the photo listing of a child may, upon request of the referring agency, be delayed where the department determines that the photo listing of the child is not in the child's best interests because the child is not emotionally prepared for an adoptive placement as demonstrated through a written statement from a psychiatrist, psychologist or certified social worker verifying that the child is not emotionally prepared for an adoptive placement.

(2) A delay in photo listing when the child is not emotionally prepared for an adoptive placement will be given for a one time period of six months starting from the date of the referral of the child by the authorized agency to the department. Any child not placed in an adoptive home at the end of the six month period will be immediately photo listed.

(3) The authorized agency requesting such delay will be informed of the approval or disapproval of their request. Upon request, the authorized agency must supply additional information within 15 working days of notification from the department.

(c) Waiver of photo listing.

(1) The photo listing of a child may be waived where:

(i) the child has been placed with a relative within the third degree of consanguinity of the parents of the child and the child does not have a permanency goal of adoption if the department determines that the photo listing of the child continues to be contrary to the child's best interests. Such child must be referred to the State Adoption Service in accordance with subdivision (a) of this section if the child's goal changes to adoption; or

(ii) the child is 14 years or older and will not consent to his or her adoption. Such child must be referred to the State Adoption Service in accordance with subdivision (a) of this section when the child agrees to his or her adoption.

(2) The authorized agency must enter the appropriate code in the Child Care Review Service (CCRS) when photo listing is waived pursuant to this subdivision.

(3) The department will review on an annual basis the status of those children who were referred to the State Adoption Service but not photo listed.

(d) Waiver of referral. An authorized agency may not refer a child to the State Adoption Service where:

(1) the child has been placed with a foster parent who has expressed, in writing, an interest in adopting the child. Such child must be referred in accordance with subdivision (a) of this section when the foster parent has withdrawn his or her interest in adopting the child or has been disapproved as an adoptive parent; or

(2) the agency has identified two or more potential placements for the child or a family has been selected to adopt the child. Such child must be referred to the State Adoption Service in accordance with subdivision (a) of this section when the child has not been placed into an adoptive home within nine months of having been freed for adoption.

The authorized agency must enter the appropriate code in the CCRS when the child does not have to be referred to the State Adoption Service for the purpose of photo listing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 420.2