§ 1028-A — Application of a relative to become a foster parent

§ 1028-a. Application of a relative to become a foster parent. (a)\nUpon the application of a relative to become a foster parent of a child\nin foster care, the court shall, subject to the provisions of this\nsubdivision, hold a hearing to determine whether the child should be\nplaced with a relative in foster care. Such hearing shall only be held\nif:\n (i) the person is related to the child as described under paragraph\n(a), (b), or (c) of subdivision three of section four hundred\nfifty-eight-a of the social services law;\n (ii) the child has been temporarily removed under this part, or placed\npursuant to section one thousand fifty-five of this article, and placed\nin non-relative foster care;\n (iii) the relative indicates a willingness to become the foster parent\nfor such child and has not refused previously to be considered as a\nfoster parent or custodian of the child, provided, however, that an\ninability to provide immediate care for the child due to a lack of\nresources or inadequate housing, educational or other arrangements\nnecessary to care appropriately for the child shall not constitute a\nprevious refusal;\n (iv) the local social services district has refused to place the child\nwith the relative for reasons other than the relative's failure to\nqualify as a foster parent pursuant to the regulations of the office of\nchildren and family services; and\n (v) the application is brought within six months from the date the\nrelative received notice that the child was being removed or had been\nremoved from his or her home and no later than twelve months from the\ndate that the child was removed.\n (b) The court shall give due consideration to such application and\nshall make the determination as to whether the child should be placed in\nfoster care with the relative based on the best interests of the child.\n (c) After such hearing, if the court determines that placement in\nfoster care with the relative is in the best interests of the child, the\ncourt shall direct the local commissioner of social services, pursuant\nto regulations of the office of children and family services, to\ncommence an investigation of the home of the relative within twenty-four\nhours and thereafter expedite approval or certification of such\nrelative, if qualified, as a foster parent. No child, however, shall be\nplaced with a relative prior to final approval or certification of such\nrelative as a foster parent.\n