N.Y. Comp. Codes R. & Regs. tit. 18 § 421.14

Current through Register Vol. 46, No. 18, May 1, 2024

Section 421.14 - Waiting lists

(a) Authorized agencies operating an adoption program shall maintain separate lists of first, second and third priority applicants waiting for adoption study.

(b) Each such waiting list shall contain the name of each such applicant, the date the completed application was received by the agency and the characteristics of the child the applicant seeks to adopt. Authorized agencies shall:

(1) offer first priority applicants an adoption study to start within 30 days of receipt of a completed application and be completed within six months of receipt of the completed application;

(2) offer second priority applicants an adoption study to be completed within six months of receipt of completed application; and

(3) give priority to first priority applicants in the initiation of adoption studies, the assignment of staff, the scheduling of individual and group appointments, and of conferences to review studies and make decisions.

(c) Authorized agencies shall contact applicants on the third priority waiting list at least once a year, invite them to a meeting to discuss the characteristics of waiting children, and ascertain continued interest in remaining on the waiting list.

(d) Authorized agencies shall maintain separate waiting lists for each priority group of families whose studies have been completed and approved.

(e) Authorized agencies shall invite all approved families on waiting lists to an orientation meeting at least every six months at which the kinds of children waiting, the kinds of families given priority and these families' preferences shall be discussed.

(f) Authorized agencies shall permit families to change the information on their expression of interest at any time and adjust their priority group using the date of the change as the date of new application.

(g) Notwithstanding the standards set forth in subdivisions (a) and (b) of this section, the following standards apply when the Office of Children and Family Services, through the Interstate Compact on the Placement of Children, receives a request to conduct a home study for the approval of a person or persons in New York as adoptive parent(s) for the placement of a child or children from another state:

(1) Upon the receipt of such request, the Office of Children and Family Services will forthwith forward the request to the social services district in which the prospective adoptive parent(s) reside for the purpose of conducting a home study and approving the prospective adoptive parent(s) in accordance with the standards of this Part.

(2) The social services district must conduct and complete a home study of the prospective adoptive parent(s) in accordance with the standards set forth in sections 421.15 and 421.16 of this Part and as defined in paragraph (5) of this subdivision. The social services district may conduct the study directly or may use a voluntary authorized agency under contract with the social services district or a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study. If the social services district uses a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study, the costs of the home study will be charged back to the social services district in which the prospective adoptive parent(s) reside and such costs are subject to State reimbursement as an adoption service.

(3) The social services district or the voluntary authorized agency must complete the home study and simultaneously return such home study to the Office of Children and Family Services and to the State or local agency that submitted the request within 60 days of the receipt of the request by the Office of Children and Family Services. Provided, however, for requests made on or before September 30, 2008, if the social services district or voluntary authorized agency is not able to complete the home study within 60 days of the receipt of the request because of circumstances beyond its control, including, but not limited to, the failure to receive documentation of background checks or to receive medical forms and if the social services district or voluntary authorized agency requested such documentation at least 45 days before the end of the above referenced 60-day period, the social services district or voluntary authorized agency will have 75 days from the date of the receipt of the request to complete and forward the home study as noted above.

(4) Nothing herein requires that the prospective adoptive parent(s) complete the education or training requirements of this Part for the completion of the home study. Nothing herein requires that the complete approval process otherwise required by this Part be concluded within the timeframes set forth in paragraph (3) of this subdivision.

(5) The term home study means an assessment of the safety and suitability of placing the child in the home of the prospective adoptive parent(s) based on an evaluation of a home environment conducted in accordance with applicable requirements of this Part to determine whether the proposed placement would meet the individual needs of the child, including the child's safety; permanency; health; well-being; and mental, emotional, and physical development.

(h) Where a social services district proposes to place a foster child or children with prospective adoptive parent(s) in another state, the social services district must treat a home study received from the other state, an Indian tribe or a private agency under contract with the other state as meeting the requirements imposed by New York for the completion of a home study before placing the child or children in the home, unless within 14 days of the receipt of the home study, the social services district determines, based on the content of the home study, that making a decision in reliance on the home study would be contrary to the welfare of the child or children.

(i)

(1) Where a social services district proposes to place a foster child with prospective adoptive parent(s) who reside in another social services district, the prospective adoptive parent(s) may apply to the social services district in which the prospective adoptive parent(s) reside for approval as adoptive parent(s) in accordance with this Part. The social services district in which the prospective adoptive parent(s) reside is responsible for processing the application and performing the home study in accordance with sections 421.15 and 421.16 of this Part. The social services district may conduct the home study directly or may use a voluntary authorized agency under contract with the Social Services district or a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study. If the social services district uses a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study, the costs of the home study will be charged back to the social services district in which the prospective adoptive parent(s) reside and such costs are subject to State reimbursement as an adoption service.

(2) The social services district in which the prospective adoptive parent(s) reside or voluntary authorized agency must complete the home study within 60 days of the receipt of the application for approval to be adoptive parent(s). Provided, however, for requests made on or before September 30, 2008, if the social services district or voluntary authorized agency is not able to complete the home study within 60 days of the receipt of the request because of circumstances beyond its control, including, but not limited to, the failure to receive documentation of background checks or to receive medical forms and if the social services district or voluntary authorized agency requested such documentation at least 45 days before the end of the above referenced 60-day period, the social services district or voluntary authorized agency will have 75 days from the date of the receipt of the request to complete and forward the home study as noted above.

(3) A social services district or a voluntary authorized agency may not refuse to provide an application or delay or deny a home study to a person seeking approval as an adoptive parent on the basis that the child such person is seeking to adopt is in the custody of another authorized agency.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.14

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