N.Y. Comp. Codes R. & Regs. tit. 18 § 421.1

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

Section 421.1 - Definitions

For the purpose of this Part, the following definitions shall apply:

(a)Adoptive applicant means a married couple, an adult unmarried person, an adult married person living separate and apart from his or her spouse pursuant to a legally recognizable separation agreement or a decree of separation, or an adult married person living separate and a part from his or her spouse for a period of three years or more prior to the commencement of the adoption proceeding who has applied to adopt or who has received agency approval for the placement of a child in his or her home for the purpose of adoption.

(b)Adoption services means assisting a child to secure an adoptive home through: counseling with biological parent or legal guardian concerning surrender of, or legal termination of parental rights with regard to a child; the evaluation of child's placement needs; preplacement planning; the recruitment, study and evaluation of interested prospective adoptive parents; counseling for families after placement; supervision of children in adoptive homes until legal adoption; and counseling of adoptive families after legal adoption.

(c)Adoptive parent means a person with whom a child has been placed for adoption or who has adopted a child with agency approval.

(d)Adoptive placement means the child has been placed into a home for the purposes of adoption and the agency and adoptive parent or the child's foster parent have signed an adoption agreement and the facts of such placement have been recorded in accordance with paragraph (e) of subdivision (5) of section 383-c or subdivision (5) of section 384 of the Social Services Law.

(e)Authorized agency means an organization covered by section 371.10(a) and (b) of the Social Services Law.

(f)Biological parent means a parent who has conceived or given birth to the child, or from whom the child was conceived, either in or out of wedlock.

(g)Foster parent means any person certified or approved pursuant to section 375 of the Social Services Law, and Part 443 of this Title with whom a child, in the care, custody or guardianship of an authorized agency, is placed for temporary or long-term care.

(h)Legal guardian means a person to whom or an agency to which the guardianship of a child has been committed by surrender in accordance with the terms of a surrender instrument or pursuant to a court order under section 383-c, 384 or 384-b of the Social Services Law. A legal guardian may also be a person appointed as a guardian of the person of a child pursuant to a duly executed will or deed as provided by section 81 of the Domestic Relations Law.

(i)Legally free child means a person under the age of 18 years:

(1) whose custody and guardianship have been transferred to an authorized agency as a result of either a surrender instrument executed pursuant to section 383-c or 384 of the Social Services Law or an order of the Family Court or Surrogate's Court made pursuant to section 384-b of the Social Services Law; or

(2) whose care and custody have been transferred to an authorized agency pursuant to article 3, 7 or 10-C of the Family Court Act, section 1055 of the Family Court Act or section 384-a of the Social Services Law and where such child's parents are both deceased, or where one parent is deceased and the other parent is not a person entitled to notice pursuant to sections 111 and 111-a of the Domestic Relations Law.

(j)Photo-listed means having placed a legally freedchild's picture and description in New York State's Waiting Children books which are organized, prepared, and distributed to authorized agencies and to appropriate citizen groups by the department.

(k)Prospective adoptive parent means an individual who meets criteria as defined in section 421.16 of this Title, and who has indicated an interest in adopting a particular child, and for whom the authorized agency has begun the placement process in accordance with section 421.18 of this Title.

(l)Registered child means a child who has been included in the listing of legally freed children maintained by the Statewide Adoption Service (State Photo Listing Service) pursuant to the requirements of section 420.2 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.1

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff. 6/17/2015

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