§ 383 — Care and custody of children

New York § 383

• Jurisdiction: New York
• Law SOS: Social Services
• Title 1: Care and Protection of Children
• Art. 6: Children

Text

§ 383. Care and custody of children. 1. The parent of a child remanded\nor committed to an authorized agency shall not be entitled to the\ncustody thereof, except upon consent of the court, public board,\ncommission, or official responsible for the commitment of such child, or\nin pursuance of an order of a court or judicial officer of competent\njurisdiction, determining that the interest of such child will be\npromoted thereby and that such parent is fit, competent and able to duly\nmaintain, support and educate such child. The name of such child shall\nnot be changed while in the custody of an authorized agency.\n 2. The custody of a child placed out or boarded out and not legally\nadopted or for whom legal guardianship has not been granted shall be\nvested during his minority, or until discharged by such authorized\nagency from its care and supervision, in the authorized agency placing\nout or boarding out such child and any such authorized agency may in its\ndiscretion remove such child from the home where placed or boarded.\n 3. Any adult husband and his adult wife and any adult unmarried\nperson, who, as foster parent or parents, have cared for a child\ncontinuously for a period of twelve months or more, may apply to such\nauthorized agency for the placement of said child with them for the\npurpose of adoption, and if said child is eligible for adoption, the\nagency shall give preference and first consideration to their\napplication over all other applications for adoption placements.\nHowever, final determination of the propriety of said adoption of such\nfoster child shall be within the sole discretion of the court, as\notherwise provided herein.\n Foster parents having had continuous care of a child, for more than\ntwelve months, through an authorized agency, shall be permitted as a\nmatter of right, as an interested party to intervene in any proceeding\ninvolving the custody of the child. Such intervention may be made\nanonymously or in the true name of said foster parents.\n 4. An adult married person who has executed a legally enforceable\nseparation agreement or is a party to a marriage in which a valid decree\nof separation has been entered and who becomes or has been the custodian\nof a child placed in their care as a result of court ordered foster care\nmay apply to such authorized agency for placement of said child with\nthem for the purpose of adoption. Applications filed pursuant to this\nsubdivision by persons who, as foster parents, have cared for a child\ncontinuously for a period of twelve months or more shall be entitled to\nthe same consideration and preference as are given to applications filed\npursuant to subdivision three of this section. Final determination of\nthe propriety of said adoption of such foster child, however, shall be\nwithin the sole discretion of the court, as otherwise provided herein.\n 5. Any proceeding brought in connection with the provisions of this\nsection shall have preference over all other causes in all courts.\n