2006 New York Code - Petition For Certification.

 
    §  115-d.  Petition  for  certification.  1. Except as provided for in
  subdivision eight of this section, a person or persons  petitioning  for
  certification  as  a  qualified  adoptive parent or parents shall upon a
  form, promulgated by the chief administrator of the courts,  provide  to
  the court:
    (a) the applicant's name or applicants' names, residential address and
  telephone number;
    (b)  a  statement by the applicant or applicants that they are seeking
  certification by the court as a person  or  persons  qualified  to  take
  physical  custody  of  an  infant  prior  to or contemporaneous with the
  filing of a private-placement adoption petition;
    (c) a statement by the applicant or  applicants  as  to  whether  such
  applicant  or applicants have been the subject of an indicated report of
  child abuse or maltreatment, pursuant to title six of article six of the
  social services law; and
    (d) a statement that a pre-placement investigation will be  undertaken
  by  a  disinterested person, as such term is defined in subdivision four
  of this section, and that a written report of such investigation will be
  furnished directly to the court by such disinterested person with a copy
  of such report to  be  delivered  simultaneously  to  the  applicant  or
  applicants. Such disinterested person shall certify to the court that he
  or  she  is a disinterested person and has no interest in the outcome of
  the party's or parties' application.  Such  disinterested  person  shall
  further  disclose to the court any fee paid or to be paid to such person
  for   services   rendered   in   connection   with   the   pre-placement
  investigation.
    Such petition shall also require information regarding:
    (i)  the  marital and family status and history of the adoptive parent
  or parents;
    (ii) the physical and mental health of the adoptive parent or parents;
    (iii) the property owned by and  the  income  of  adoptive  parent  or
  parents;
    (iv) whether the adoptive parent or either of the adoptive parents has
  ever  been  a  respondent in any proceeding concerning allegedly abused,
  neglected, abandoned or delinquent children; and
    (v)  whether  the  applicant  or  applicants  have  made   any   prior
  application  for certification as a qualified adoptive parent or parents
  and, if so, the disposition of such application for certification.
    2. In any case where the applicant or  applicants  do  not  intend  to
  cause  a  pre-placement  investigation  to be undertaken pursuant to the
  provisions of paragraph (d) of subdivision one  of  this  section,  such
  applicant   or   applicants   shall  request  the  court  to  appoint  a
  disinterested person to conduct such  pre-placement  investigation.  The
  investigative  written  report  shall  be  submitted  to  the  judge  or
  surrogate within thirty days, unless for good cause shown the  judge  or
  surrogate shall grant a reasonable extension of such period.
    3.  Such  applicant or applicants shall be financially responsible for
  the costs of  any  pre-placement  investigation  conducted  pursuant  to
  subdivision one or two of this section.
    3-a.  (a)  The court shall submit fingerprint cards and order a report
  from the  division  of  criminal  justice  services  setting  forth  any
  existing criminal history record of the applicant for certification as a
  qualified adoptive parent.
    (b)  Notwithstanding  any  other  provision  of law to the contrary, a
  petition for certification as  a  qualified  adoptive  parent  shall  be
  denied  where  a  criminal  history  record  of  the applicant reveals a
  conviction for (i) a felony conviction at any time involving: (1)  child
  abuse  or  neglect;  (2)  spousal  abuse;  (3)  a crime against a child,
  including  child  pornography;  or  (4)  a  crime  involving   violence,
  including  rape,  sexual  assault,  or  homicide,  other  than  a  crime
  involving physical assault or  battery;  or  (ii)  a  felony  conviction
  within  the  past  five  years  for  physical  assault,  battery,  or  a
  drug-related offense; unless the applicant demonstrates that:  (A)  such
  denial  will  create  an  unreasonable  risk  of harm to the physical or
  mental health of the child; and (B) certification of the applicant  will
  not  place  the  child's  safety  in  jeopardy  and  will be in the best
  interests of the child.
    (c) For the purposes  of  this  subdivision,  "spousal  abuse"  is  an
  offense  defined  in section 120.05 or 120.10 of the penal law where the
  victim of such offense was the defendant's  spouse;  provided,  however,
  spousal  abuse  shall not include a crime in which the applicant was the
  defendant, and the court finds in accordance with this subdivision  that
  he  or  she was the victim of physical, sexual or psychological abuse by
  the victim of such offense and such abuse was a factor  in  causing  the
  applicant to commit such offense.
    4.  A pre-placement investigation conducted pursuant to the provisions
  of this section shall be made by  a  disinterested  person  who  in  the
  opinion  of  the  judge  or  surrogate  is  qualified  by  training  and
  experience to examine into the allegations set forth in the  application
  and  any  other  factors which may be relevant to the suitability of the
  applicant or applicants as a qualified adoptive parent or  parents.  For
  the  purposes of this section, a disinterested person shall also include
  a licensed master social worker, licensed clinical  social  worker,  the
  probation   service   of  the  family  court  or  an  authorized  agency
  specifically  designated  by  the   court   to   conduct   pre-placement
  investigations.
    5.  Such  disinterested  person  shall  file  with the court a written
  report of his or her investigation into the truth and  accuracy  of  the
  allegations set forth in the application and his or her investigation of
  the  various  factors  which  may  be relevant to the suitability of the
  applicant  or   applicants   as   qualified   adoptive   parents.   Such
  investigation shall include, but not be limited to, a personal interview
  and visit at the applicant's or applicants' home and an investigation of
  any  other  facts relating to the familial, social, religious, emotional
  and financial circumstances of the adoptive parent or parents which  may
  be relevant to certification as a qualified adoptive parent or parents.
    6. Certification and provisional certification. If after consideration
  of  the  report  submitted  by  the  disinterested person, and all other
  relevant and material factors, the court  grants  the  application,  the
  applicant  or  applicants may accept physical custody of a child for the
  purposes of adoption, either prior to or contemporaneous with the filing
  of an adoption petition. The order granting the petition shall be  valid
  for  a  period  not  to  exceed eighteen months and shall be accepted as
  proof of certification by any court of competent jurisdiction within the
  state. The court may in its discretion  grant  a  conditional  order  of
  certification  upon satisfactory completion and submission of a petition
  wherein the prospective adoptive parent or  parents  indicate  no  prior
  criminal  convictions or founded findings of child abuse or neglect, and
  after completion of a disinterested person investigation provided for in
  this section, pending completion of any further reports,  investigations
  or  inquiries  ordered  by the court or required by any other statute or
  court rule. A conditional order of  certification  shall  be  valid  and
  remain  in  force and effect until replaced by an order of certification
  or by an order denying the petition, whichever shall first occur, but in
  no event  shall  such  provisional  certification  continue  beyond  one
  hundred  eighty  days  from  the date of original issuance. If the court
  denies the petition, the reasons for such denial shall be stated on  the
  record or in the order.
    7. Nothing in this section shall be deemed to waive, limit or restrict
  the  provisions  of  any  other law requiring any inquiry, disinterested
  person investigation or court review of any persons seeking to  adopt  a
  child under any provision of law.
    8. The provisions of this section shall not apply to petitions brought
  by  a  step-parent for the adoption of a step-child where the step-child
  has resided with the birth parent and the step-parent for  a  continuous
  period of at least one year.
    9.  Extension  of certification. When a petition for adoption is filed
  by a qualified parent or parents previously certified and the balance of
  the time period remaining under such certification  in  accordance  with
  subdivision  six of this section is less than one year, the court may on
  its own motion or on the motion  of  the  petitioners  extend  the  time
  period  of the original certification to a date eighteen months from the
  date of filing of the adoption petition. When a petition for adoption is
  filed by  a  qualified  parent  or  parents  who  have  previously  been
  certified by an order which has expired within a year preceding the date
  of  the  adoption petition, the court may extend the termination date of
  the earlier certification until eighteen months from the filing of  such
  petition, provided the petitioner apply for such extension and set forth
  any  change  of  circumstances  of the qualified parent or parents since
  issuance and expiration of the last certification which may be  relevant
  and  material  to  the extension of such certification and affix thereto
  written verification of any such changed circumstance or lack thereof by
  a disinterested person as defined in subdivision four of  this  section.
  Except  as  is  provided  for  by  this subdivision, the court shall not
  extend  a  previously  expired  order  of  certification.  Any   further
  certification   shall   require   the  filing  of  a  new  petition  for
  certification in accordance with subdivision six of this section.
    In any  instance  when  the  court  determines  whether  to  extend  a
  certification  under this subdivision, the court, in its discretion, may
  order each or any of (a) a report from the statewide central registry of
  child abuse and maltreatment to  determine  whether  the  child  or  the
  petitioner  is  or has been the subject of or another person named in an
  indicated report, as such terms are  defined  in  section  four  hundred
  twelve  of  the  social  services  law,  filed with such register, (b) a
  report from the division of criminal justice services setting forth  any
  criminal record of such petitioner or petitioners, and (c) an additional
  pre-placement  investigation to be undertaken by a disinterested person.
  Nothing herein shall be deemed to require that the court enter  such  an
  order.