2006 New York Code - Religion Of Custodial Persons And Agencies.

 
    §  116.  Religion  of  custodial persons and agencies.  (a) Whenever a
  child is remanded or committed by  the  court  to  any  duly  authorized
  association,  agency,  society or institution, other than an institution
  supported and controlled by the state or  a  subdivision  thereof,  such
  commitment  must  be  made,  when  practicable,  to  a  duly  authorized
  association, agency, society or institution under the control of persons
  of the same religious faith or persuasion as that of the child.
    (b)  Whenever  any  child  thus  committed  is  placed  by  any   such
  association, agency, society or institution in a family, or in the home,
  or  in  the  custody,  of  any  person other than that of its natural or
  adopted parent or parents, or when so placed or paroled directly by  the
  court,  such  placement  or parole must, when practicable, be with or in
  the custody of a person or  persons  of  the  same  religious  faith  or
  persuasion as that of the child.
    (c)  In  appointing  guardians of children, except guardians ad litem,
  and in granting orders of adoption of children,  the  court  must,  when
  practicable,  appoint  only  as  such  guardians,  and only give custody
  through adoption to, persons of the same religious faith  or  persuasion
  as that of the child.
    (d)  The  provisions  of  paragraphs  (a), (b) and (c) of this section
  shall be interpreted literally, so  as  to  assure  that  in  the  care,
  protection,  guardianship,  discipline  or  control  of  any  child  his
  religious faith shall be preserved and protected by the court. But  this
  section  shall  not  be  construed  so  as to prevent the remanding of a
  child, during the pendency of a proceeding,  to  a  place  of  detention
  designated by rules of court nor to the placing of a child in a hospital
  or similar institution for necessary treatment.
    (e)  The  words  "when  practicable"  as used in this section shall be
  interpreted as being without force or effect if there  is  a  proper  or
  suitable  person of the same religous faith or persuasion as that of the
  child available for appointment as guardian,  or  to  be  designated  as
  custodian,  or  to  whom  control  may  be  given,  or to whom orders of
  adoption may be granted; or if there is a duly  authorized  association,
  agency,  society or institution under the control of persons of the same
  religious faith or  persuasion  as  that  of  the  child,  at  the  time
  available and willing to assume the responsibility for the custody of or
  control over any such child.
    (f)  If  a child is placed in the custody, or under the supervision or
  control, of a person or of persons of a religious  faith  or  persuasion
  different  from  that  of  the  child,  or  if  a guardian of a child is
  appointed whose religious faith or persuasion is different from that  of
  the  child,  or if orders of adoption are granted to a person or persons
  whose religious faith is different from that of the child adopted, or if
  a child is remanded or  committed  to  a  duly  authorized  association,
  agency,  society  or  institution, or to any other place, which is under
  the control of persons of a religious faith or persuasion different from
  that of the child, the court shall state or recite the facts which impel
  it to make such disposition and such statement shall be made a  part  of
  the minutes of the proceeding.
    (g)  The provisions of subdivisions (a), (b), (c), (d), (e) and (f) of
  this section shall, so far as consistent with the best interests of  the
  child,  and  where  practicable,  be applied so as to give effect to the
  religious  wishes  of  the  natural  mother,  if  the  child   is   born
  out-of-wedlock,  or  if  born  in-wedlock,  the  religious wishes of the
  parents of the child, or if only one of the  parents  of  an  in-wedlock
  child  is  then  living, the religious wishes of the parent then living.
  Religious wishes of a parent shall include  wishes  that  the  child  be
  placed  in  the  same  religion as the parent or in a different religion


  from the parent or with indifference to  religion  or  with  religion  a
  subordinate  consideration. Expressed religious wishes of a parent shall
  mean those which have been set forth in a writing signed by the  parent,
  except  that,  in  a  non-agency  adoption,  such  writing  shall  be an
  affidavit of the parent. In the absence of expressed  religious  wishes,
  as  defined  in this subdivision, determination of the religious wishes,
  if any, of the parent, shall  be  made  upon  the  other  facts  of  the
  particular  case, and, if there is no evidence to the contrary, it shall
  be presumed that the parent  wishes  the  child  to  be  reared  in  the
  religion of the parent.