§ 116 — Religion of custodial persons and agencies

New York § 116

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Applicability of Act and Creation of Court
• Art. 1: Family Court Established

Text

§ 116. Religion of custodial persons and agencies. (a) Whenever a\nchild is remanded or committed by the court to any duly authorized\nassociation, agency, society or institution, other than an institution\nsupported and controlled by the state or a subdivision thereof, such\ncommitment must be made, when practicable, to a duly authorized\nassociation, agency, society or institution under the control of persons\nof the same religious faith or persuasion as that of the child.\n (b) Whenever any child thus committed is placed by any such\nassociation, agency, society or institution in a family, or in the home,\nor in the custody, of any person other than that of its birth or adopted\nparent or parents, or when so placed or paroled directly by the court,\nsuch placement or parole must, when practicable, be with or in the\ncustody of a person or persons of the same religious faith or persuasion\nas that of the child.\n (c) In appointing guardians of children, except guardians ad litem,\nand in granting orders of adoption of children, the court must, when\npracticable, appoint only as such guardians, and only give custody\nthrough adoption to, persons of the same religious faith or persuasion\nas that of the child.\n (d) The provisions of paragraphs (a), (b) and (c) of this section\nshall be interpreted literally, so as to assure that in the care,\nprotection, guardianship, discipline or control of any child his\nreligious faith shall be preserved and protected by the court. But this\nsection shall not be construed so as to prevent the remanding of a\nchild, during the pendency of a proceeding, to a place of detention\ndesignated by rules of court nor to the placing of a child in a hospital\nor similar institution for necessary treatment.\n (e) The words "when practicable" as used in this section shall be\ninterpreted as being without force or effect if there is a proper or\nsuitable person of the same religous faith or persuasion as that of the\nchild available for appointment as guardian, or to be designated as\ncustodian, or to whom control may be given, or to whom orders of\nadoption may be granted; or if there is a duly authorized association,\nagency, society or institution under the control of persons of the same\nreligious faith or persuasion as that of the child, at the time\navailable and willing to assume the responsibility for the custody of or\ncontrol over any such child.\n (f) If a child is placed in the custody, or under the supervision or\ncontrol, of a person or of persons of a religious faith or persuasion\ndifferent from that of the child, or if a guardian of a child is\nappointed whose religious faith or persuasion is different from that of\nthe child, or if orders of adoption are granted to a person or persons\nwhose religious faith is different from that of the child adopted, or if\na child is remanded or committed to a duly authorized association,\nagency, society or institution, or to any other place, which is under\nthe control of persons of a religious faith or persuasion different from\nthat of the child, the court shall state or recite the facts which impel\nit to make such disposition and such statement shall be made a part of\nthe minutes of the proceeding.\n (g) The provisions of subdivisions (a), (b), (c), (d), (e) and (f) of\nthis section shall, so far as consistent with the best interests of the\nchild, and where practicable, be applied so as to give effect to the\nreligious wishes of the birth mother, if the child is born\nout-of-wedlock, or if born in-wedlock, the religious wishes of the birth\nparents of the child, or if only one of the birth parents of an\nin-wedlock child is then living, the religious wishes of the birth\nparent then living. Religious wishes of a birth parent shall include\nwishes that the child be placed in the same religion as the birth parent\nor in a different religion from the birth parent or with indifference to\nreligion or with religion a subordinate consideration. Expressed\nreligious wishes of a birth parent shall mean those which have been set\nforth in a writing signed by the birth parent, except that, in a\nnon-agency adoption, such writing shall be an affidavit of the birth\nparent. In the absence of expressed religious wishes, as defined in this\nsubdivision, determination of the religious wishes, if any, of the birth\nparent, shall be made upon the other facts of the particular case, and,\nif there is no evidence to the contrary, it shall be presumed that the\nbirth parent wishes the child to be reared in the religion of the birth\nparent.\n