2006 New York Code - Notice And Opportunity To Be Heard.

 
    §  1040.  Notice and opportunity to be heard. The foster parent caring
  for the child or any pre-adoptive parent or relative providing care  for
  the  child  shall be provided with notice of any permanency hearing held
  pursuant to this article by the social services official.   Such  foster
  parent, pre-adoptive parent or relative shall be afforded an opportunity
  to  be  heard  at  any  such  hearing; provided, however, no such foster
  parent, pre-adoptive parent or relative shall be construed to be a party
  to the hearing solely on the basis of such notice and opportunity to  be
  heard.  The  failure  of  the  foster  parent,  pre-adoptive  parent, or
  relative caring for the child to appear at a  permanency  hearing  shall
  constitute  a  waiver of the opportunity to be heard and such failure to
  appear shall not cause a delay of the permanency hearing nor shall  such
  failure  to  appear be a ground for the invalidation of any order issued
  by the court pursuant to this section.