2006 New York Code - Substantial Failure Of A Material Condition Of Surrender; Enforcement Of A Contact Agreement.

 
    §  1055-a.  Substantial  failure of a material condition of surrender;
  enforcement of a contact agreement. (a) In case of a substantial failure
  of a material condition in a  surrender  executed  pursuant  to  section
  three  hundred  eighty-three-c  of  the  social  services  law  prior to
  finalization of the adoption of  the  child,  the  court  shall  possess
  continuing  jurisdiction  in  accordance  with  subdivision  six of such
  section to rehear the matter upon  the  filing  of  a  petition  by  the
  authorized  agency,  the  parent  or  the  law guardian for the child or
  whenever the court deems necessary. In such case, the authorized  agency
  shall  notify  the  parent,  unless such notice is expressly waived by a
  statement written by the parent and appended  to  or  included  in  such
  instrument,  the  law guardian for the child and the court that approved
  the surrender within twenty days of any substantial  failure  to  comply
  with  a material condition of the surrender prior to the finalization of
  the adoption of the child. In such case,  the  authorized  agency  shall
  file  a  petition  on  notice  to  the parent unless notice is expressly
  waived by a statement written by the parent and appended to or  included
  in  such instrument and the law guardian in accordance with this section
  within thirty days of such failure, except  for  good  cause  shown,  in
  order for the court to review such failure and, where necessary, to hold
  a  hearing;  provided,  however, that in the absence of such filing, the
  parent and/or law guardian for the child may file such a petition at any
  time up to sixty days after notification of the failure.  Such  petition
  filed by a parent or law guardian must be filed prior to the adoption of
  the child.
    (b)  If an agreement for continuing contact and communication pursuant
  to  paragraph  (b)  of  subdivision  two  of   section   three   hundred
  eighty-three-c  of the social services law is approved by the court, and
  the child who is the subject of the approved agreement has not yet  been
  adopted,  any  party  to the approved agreement may file a petition with
  the family court in the county  where  the  agreement  was  approved  to
  enforce  such  agreement.  A  copy  of  the  approved agreement shall be
  annexed to such petition. The  court  shall  enter  an  order  enforcing
  communication  or  contact  pursuant  to the terms and conditions of the
  agreement unless the court finds that enforcement would not  be  in  the
  best interests of the child.
    (c)  Nothing  in  this  section  shall  limit  the rights and remedies
  available to the parties and the law guardian pursuant  to  section  one
  hundred twelve-b of the domestic relations law with respect to a failure
  to  comply  with  a  material condition of a surrender subsequent to the
  finalization of the adoption of the child.