N.Y. Comp. Codes R. & Regs. tit. 18 § 421.17

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

Section 421.17 - Finding a child

(a) Authorized agencies shall:

(1) have available at least one current set of New York State's Waiting Children in every facility where adoptive inquirers or applicants are served;

(2) keep such books up-to-date;

(3) show these books to all adoption inquirers and applicants at orientation meetings and subsequent contacts; and

(4) make these books available to inquirers and applicants at all times during regular business hours.

(b) Authorized agencies shall establish written procedures for the use of New York State's Waiting Children. Such procedures shall set forth agency policies on:

(1) whether the applicant or agency staff will inquire of the adoption service about photo-listed children;

(2) under which circumstances the applicant will be encouraged to inquire of the agency caring for a photo-listed child about that child's continued availability; and

(3) whether the responsibility for continued worker/family contact about the availability of photo-listed children, the exchange of information between agencies, and placement planning, shall be the worker's or the family's.

(c) Authorized agencies operating an adoption program shall inform applicants of the procedure for use of New York State's Waiting Children by:

(1) giving a copy of the procedure to applicants at the first adoption study meeting or interview;

(2) explaining the procedure during the study process; and

(3) including a copy of the written procedure with the letter of approval for adoption.

(d) The procedure required pursuant to subdivision (b) of this section shall contain time limits of not more than 10 days for each communication step to be carried out by the agency.

(e) Receipt of a form SDSS 2705, New York State Adoption Service Report of Inquiry Received, by an authorized agency for a child in their care shall initiate a process of exchanging summaries describing the child identified on the form and the adoption study of the approved adoptive applicant between the receiving agency and the agency making the inquiry.

(f) Authorized agencies receiving a form SDSS 2705, New York State Adoption Service Report of Inquiry Received, for a child in their care shall respond in writing to the agency making the inquiry within 10 days of receipt of the form by either sending a summary describing the child identified on the form to the inquiring agency or by responding that a summary describing the child is not sent because:

(1) the child has been placed;

(2) the child's placement is currently being planned;

(3) a number of summaries are currently under consideration for this child; or

(4) another reason why this family will not be considered for this child.

(g) Authorized agencies receiving a summary of an adoption study of an approved adoption applicant from another New York authorized agency shall respond in writing to the agency which sent the summary within 10 days, unless a response to the agency for the same applicant has been made pursuant to subdivision (f) of this section. Such response shall include a summary of the child or a response that a summary of the child has not been sent because:

(1) the child has been placed;

(2) the child's placement is currently being planned;

(3) a number of summaries are currently under consideration for this child; or

(4) another reason why this family will not be considered for this child.

(h) The authorized agency must inform any person who is expressing an interest in the adoption of a particular child whether there is a surrender agreement in place relating to such child that provides for the placement of the child with a designated person or persons and/or contains a communication or contact agreement, as set forth in section 383-c or 384 of the Social Services Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.17

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