§ 372-F — Statewide adoption service

§ 372-f. Statewide adoption service. 1. There shall be established by\nthe department either directly or through purchase a statewide adoption\nservice which shall serve all authorized agencies in the state as a\nmeans of recruiting adoptive families for children who have been legally\nfreed for adoption but have remained in foster care for a period of\nthree months or more. Such period in foster care shall include any\nperiod of foster care immediately preceding the date on which the child\nwas legally freed for adoption. The service shall provide descriptions\nand photographs of such children, and shall also provide any other\ninformation deemed useful in the recruitment of adoptive families for\neach such child. The service shall be updated monthly.\n 2. The service may be organized on a regional basis, but shall be\nprovided to all authorized child caring agencies and in accordance with\nthe regulations of the department, to all appropriate citizen groups and\nother organizations and associations interested in children's services.\n 3. The department shall promulgate regulations governing the\noperations of the adoption service.\n 4. (a) Except as set forth in paragraph (b) of this subdivision, each\nauthorized agency shall refer to the adoption service, accompanied by a\nphotograph and description, as shall be required by departmental\nregulations, each child in its care who has been legally freed for\nadoption and who has been in foster care for the period specified in\nsubdivision one of this section and for whom no adoptive home has been\nfound. If the child is fourteen years or older and will not consent to\nhis or her adoption, such child need not be listed on the service. Such\nchildren's names shall be forwarded to the department by the authorized\nagency, with reference to the specific reason by which the child was not\nplaced on the service. The department shall establish procedures for\nperiodic review of the status of such children. If the department\ndetermines that adoption would be appropriate for a child not listed\nwith the service, the agency shall forthwith list the child. Each\nauthorized agency may voluntarily refer any child who has been legally\nfreed for adoption. In addition, upon referral of a child by an\nauthorized agency, the department may determine that the listing of a\nchild with the service is not in the child's best interest where: the\nchild has been placed with a relative within the third degree of\nconsanguinity of the parents of the child and the child does not have a\npermanency goal of adoption, or the child is not emotionally prepared\nfor an adoptive placement. Any child who is not listed based on one of\nthese factors and who is not placed in an adoptive placement within six\nmonths of referral to the department must be listed with the service at\nthe end of the six month period in accordance with regulations of the\ndepartment except where the child is placed with a relative within the\nthird degree of consanguinity of the parents of the child, in which case\nthe department may determine that the listing continues to be contrary\nto the child's best interests. The department shall establish procedures\nfor the periodic review of the status of such children.\n (b) An authorized agency shall not refer to the adoption service a\nchild in its care who has been legally freed for adoption when the child\nhas been placed with a foster parent who has expressed, in writing, an\ninterest in adopting the child; provided, however, that such child shall\nbe referred to the adoption service in accordance with paragraph (a) of\nthis subdivision where the foster parent has withdrawn interest in\nadopting the child or has been disapproved as an adoptive resource for\nthe child. An authorized agency shall not refer to the adoption service\na child in its care who has been legally freed for adoption where the\nagency has identified two or more potential placements for the child;\nprovided, however, that such child shall be referred to the adoption\nservice in accordance with paragraph (a) of this subdivision when such\nchild has not been placed into an adoptive home within nine months of\nhaving been freed for adoption.\n