Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Authorized agencies operating an adoption program shall accept for adoption
study, all persons who have completed applications on a priority basis, as
follows:
(1) On or about April 1st of each
year the department will determine the age, race, handicap and other
significant characteristics of the largest proportion of waiting children.
Applicants seeking children having these characteristics, foster parents
seeking to adopt a child who has resided in their home 12 continuous months and
Indians seeking to adopt Indian children shall receive first priority for
adoption studies.
(2) Second
priority shall be given other applicants seeking to adopt photo-listed children
who do not have the characteristics of the largest proportion of waiting
children as determined by the department, or children currently available for
adoption in the care of the agency to which application was made for whom there
is not a waiting list of approved families.
(3) Third priority shall be given all other
applicants, i.e., those expressing an interest in adopting
children such as healthy young children who are not photo-listed, if such
children are not immediately available for adoption in the care of the agency
where the application was made.
(b) Authorized agencies shall acknowledge in
writing, within 10 working days of receipt, each completed application. Each
applicant shall be informed that his/her application will be acted upon as
follows:
(1) acceptance of first priority
applications for immediate study, including a date for first appointment to be
not more than 30 days from receipt of completed application and the name and
telephone number of an agency staff person he can contact during the
interval;
(2) acceptance of second
priority applications for action in accordance with paragraph (a)(2) of this
section, giving an estimate of when a study may start and the name and
telephone number of an agency staff person he can contact during the interval;
and
(3) remaining applications for
action in accordance with paragraph (a)(3) of this section, and stating whether
there is any likelihood of an adoption study being granted.
(c) Third priority applicants
shall be rejected on the basis of "no need" unless the agency is able to
initiate the study promptly so that it will be able to complete it within six
months of receipt of a completed application. Any such rejection shall be
accompanied by:
(1) a statement of the fair
hearing rights which are set forth in sections 22 and
372-e of the Social Services Law;
and
(2) a statement that the
applicant has the option of remaining on a waiting list with a description of
the procedures for exercising this option.
(d) Authorized agencies may refer an adoption
applicant to another agency prior to the initiation of the adoption study when:
(1) the applicant has expressed interest in a
specific photo-listed child determined to be in the care of that agency;
and
(2) the applicant has indicated
willingness to be so referred.
If such referral is not accepted by the applicant,
completion of the adoption study shall not be delayed beyond the periods
required under section
421.14
of this Part.
