§ 113 — Special provisions relating to adoption from authorized agencies

§ 113. Special provisions relating to adoption from authorized\nagencies. 1. An authorized agency may consent to the adoption of a\nminor whose custody and guardianship has been transferred to such\nagency. An authorized agency may also consent to the adoption of a minor\nwhose care and custody has been transferred to such agency pursuant to\nsection one thousand fifty-five of the family court act or section three\nhundred eighty-four-a of the social services law, where such child's\nparents are both deceased, or where one parent is deceased and the other\nparent is not a person entitled to notice pursuant to sections one\nhundred eleven and one hundred eleven-a of this chapter.\n 2. In accordance with subparagraph three of paragraph (g) of\nsubdivision six of section three hundred ninety-eight of the social\nservices law, an authorized agency may submit a written request to a\nsocial services district with a population of more than two million for\napproval to consent to the adoption of a child whose custody and\nguardianship, or of a child where such child's parents are both\ndeceased, or where one parent is deceased and the other parent is not\nentitled to notice pursuant to sections one hundred eleven and one\nhundred eleven-a of this chapter, and whose care and custody, has been\ntransferred to a social services official and who has been placed by the\nsocial services official with the authorized agency. If the request is\nnot disapproved by the social services district within sixty days after\nits submission, it shall be deemed approved, and the authorized agency\nmay give all necessary consent to the adoption of the child. Nothing\nherein shall result in the transfer of care and custody or custody and\nguardianship of the child from the social services official to the\nauthorized agency.\n 3. (a) The agreement of adoption shall be executed by such authorized\nagency.\n (b)(i) If the adoption petition is filed pursuant to subdivision eight\nof section one hundred twelve of this article or subdivision ten of\nsection three hundred eighty-three-c or subdivision eleven of section\nthree hundred eighty-four-b of the social services law, the petition\nshall be filed in the county where the termination of parental rights\nproceeding or judicial surrender proceeding, as applicable, is pending\nand shall be assigned, wherever practicable, to the same judge.\n (ii) In any other agency adoption proceeding, the petition shall be\nfiled in the same court and, wherever practicable, shall be assigned to\nthe same judge of the county in which parental rights had been\nterminated, a judicial surrender had been approved or the most recent\nproceeding under article ten or ten-A of the family court act or section\nthree hundred fifty-eight-a of the social services law had been heard,\nwhichever occurred last, or in the county where the adoptive parents\nreside or, if such adoptive parents do not reside in this state, in the\ncounty where such authorized agency has its principal office. The\nfollowing procedures shall be applicable in cases where the child is\nunder the jurisdiction of a family court, but where the adoption\npetition has been filed in a court other than the court that presided\nover the termination of parental rights, surrender or most recent\nproceeding under article ten or ten-A of the family court act or section\nthree hundred fifty-eight-a of the social services law, whichever\noccurred last:\n (A) Before hearing such an adoption proceeding, the court in which the\nadoption petition was filed shall ascertain whether the child is under\nthe jurisdiction of a family court as a result of a placement under\narticle ten or ten-A of the family court act or section three hundred\nfifty-eight-a of the social services law, a surrender under section\nthree hundred eighty-three-c or three hundred eighty-four of the social\nservices law or an order committing guardianship and custody under\narticle six of the family court act or section three hundred\neighty-four-b of the social services law, and, if so, which court\nexercised jurisdiction over the most recent permanency or other\nproceeding involving the child.\n (B) If the court determines that the child is under the jurisdiction\nof a different family court, the court in which the adoption petition\nwas filed shall stay its proceeding for not more than thirty days and\nshall communicate with the family court judge who exercised jurisdiction\nover the most recent permanency or other proceeding involving the child.\nThe communication shall be recorded or summarized on the record by the\ncourt in which the adoption petition was filed. Both courts shall notify\nthe parties and the attorney for the child, if any, in their respective\nproceedings and shall give them an opportunity to present facts and\nlegal argument or to participate in the communication prior to the\nissuance of a decision on jurisdiction.\n (C) The family court judge who exercised jurisdiction over the most\nrecent permanency or other proceeding involving the child shall\ndetermine whether he or she should assume or decline jurisdiction over\nthe adoption proceeding. In making its determination, the family court\njudge shall consider, among other factors: the relative familiarity of\neach court with the facts and circumstances regarding permanency\nplanning for, and the needs and best interests of, the child; the\nability of the attorney for the child to continue such representation in\nthe adoption proceeding, if appropriate; the convenience of each court\nto the residence of the prospective adoptive parent or parents; and the\nrelative ability of each court to hear and determine the adoption\npetition expeditiously. The court in which the adoption petition was\nfiled shall issue an order incorporating this determination of\njurisdiction within thirty days of the filing of the adoption petition.\n (D) If the family court that exercised jurisdiction over the most\nrecent permanency or other proceeding determines that it should exercise\njurisdiction over the adoption petition, the order of the court in which\nthe adoption petition was filed shall direct the transfer of the\nproceeding forthwith but in no event more than thirty-five days after\nthe filing of the petition. The petition shall be assigned, wherever\npracticable, to the family court judge who heard the most recent\npermanency or other proceeding involving the child.\n (E) If the family court that exercised jurisdiction over the\npermanency or other proceeding involving the child declines to exercise\njurisdiction over the adoption petition, the court in which the adoption\npetition was filed shall issue an order incorporating that determination\nand shall proceed forthwith.\n (iii) Neither such authorized agency nor any officer or agent thereof\nneed appear before the judge or surrogate. The judge or surrogate in his\nor her discretion may accept the report of an authorized agency verified\nby one of its officers or agents as the report of investigation\nhereinbefore required. In making orders of adoption the judge or\nsurrogate when practicable must give custody only to persons of the same\nreligious faith as that of the adoptive child in accordance with article\nsix of the social services law.\n