2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 1 - (371 - 392) CARE AND PROTECTION OF CHILDREN
383-C - Guardianship and custody of children in foster care.

 
    §  383-c.  Guardianship  and  custody  of  children in foster care. 1.
  Method.  For the purposes of this section, a child in foster care  shall
  mean a child in the care and custody of an authorized agency pursuant to
  section  three  hundred  eighty-four-a  of  this title or article three,
  seven or ten of the family court act. The guardianship of the person and
  the custody of a child in foster care under the age  of  eighteen  years
  may  be  committed to an authorized agency by a written instrument which
  shall be known as a surrender, and signed:
    (a) if both parents shall then be  living,  by  the  parents  of  such
  child,  or  by  the  surviving parent, if either parent of such child be
  dead;
    (b) if either one of such parents shall  have  for  a  period  of  six
  months  then next preceding abandoned such child as set forth in section
  three hundred eighty-four-b of this title, by the other of such parents;
    (c) if such child is born out of wedlock, by the mother of such child,
  and by the father of such child,  if  such  father's  consent  would  be
  required  for  the  child's  adoption,  pursuant  to section one hundred
  eleven of the domestic relations law;
    (d) if both parents of such child are dead, or if such child  is  born
  out  of wedlock and the mother of such child is dead, by the guardian of
  the person of such child lawfully appointed, with the  approval  of  the
  court or officer which appointed such guardian to be entered of record.
    2.  Terms.  (a)  Such  guardianship  shall  be  in accordance with the
  provisions of this article and the instrument shall be upon  such  terms
  and  subject  to  such  conditions  as may be agreed upon by the parties
  thereto  and  shall  comply  with  subdivision  five  of  this  section;
  provided,  however,  that  an  authorized  agency  shall  not  accept  a
  surrender instrument conditioned upon adoption by a  particular  person,
  unless  such  person is a certified or approved foster parent, where the
  permanency plan for the child is for the child to  be  adopted  by  that
  person  or the agency has fully investigated and approved such person as
  an  adoptive  parent  in  accordance   with   applicable   statute   and
  regulations.  No  such  agency  shall  draw or receive money from public
  funds for the support of any such child except upon the written order or
  permit of the social services official of the county or city  sought  to
  be charged with the support of such child.
    (b)  If  a  surrender  instrument  designates  a  particular person or
  persons who will adopt a child, such  person  or  persons,  the  child's
  birth  parent  or parents, the authorized agency having care and custody
  of the child  and  the  child's  attorney,  may  enter  into  a  written
  agreement  providing  for communication or contact between the child and
  the child's parent or parents on such terms and  conditions  as  may  be
  agreed  to by the parties.  If a surrender instrument does not designate
  a particular person or persons  who  will  adopt  the  child,  then  the
  child's  birth  parent or parents, the authorized agency having care and
  custody of the child and the child's attorney may enter into  a  written
  agreement  providing  for  communication  or  contact, on such terms and
  conditions as may be agreed to by the parties. Such agreement  also  may
  provide  terms  and conditions for communication with or contact between
  the child and the child's biological siblings or half-siblings, if  any.
  If  any  such sibling or half-sibling is fourteen years of age or older,
  such terms and conditions shall not be enforceable unless  such  sibling
  or  half-sibling  consents  to  the  agreement  in writing. If the court
  before  which  the  surrender  instrument  is  presented  for   approval
  determines that the agreement concerning communication and contact is in
  the  child's  best  interests, the court shall approve the agreement. If
  the court does not approve the  agreement,  the  court  may  nonetheless
  approve  the  surrender;  provided,  however,  that  the birth parent or

  parents  executing  the  surrender  instrument  shall   be   given   the
  opportunity at that time to withdraw such instrument. Enforcement of any
  agreement prior to the adoption of the child shall be in accordance with
  subdivision (b) of section one thousand fifty-five-a of the family court
  act.  Subsequent  to  the  adoption  of  the  child,  enforcement of any
  agreement shall be in accordance with section one  hundred  twelve-b  of
  the domestic relations law.
    3.  Judicial  surrenders.  (a) A surrender of a child to an authorized
  agency for the purpose of adoption  may  be  executed  and  acknowledged
  before  a judge of the family court or a surrogate in this state. If the
  child being surrendered is in foster care as a result  of  a  proceeding
  before  the  family court pursuant to article ten or ten-A of the family
  court act or section three hundred fifty-eight-a of  this  chapter,  the
  surrender  shall  be  executed  and acknowledged before the family court
  that exercised jurisdiction over such proceeding and, shall be assigned,
  wherever  practicable,  to  the  judge  who  last  presided  over   such
  proceeding.  A  surrender  executed  and  acknowledged before a court in
  another state shall satisfy the requirements of this section  if  it  is
  executed by a resident of the other state before a court of record which
  has  jurisdiction  over  adoption  proceedings  in  that  state,  and  a
  certified copy of the transcript of that proceeding, showing  compliance
  with paragraph (b) of this subdivision, is filed as part of the adoption
  proceeding in this state.
    (b)  Before  a  judge  or surrogate approves a judicial surrender, the
  judge or surrogate shall order that notice of the  surrender  proceeding
  be  given  to  persons  identified  in  subdivision two of section three
  hundred eighty-four-c of this title and to such  other  persons  as  the
  judge or surrogate may, in his or her discretion, prescribe. At the time
  that  a  parent  appears  before  a  judge  or  surrogate to execute and
  acknowledge a surrender, the judge or surrogate shall inform such parent
  of the right to be represented by legal  counsel  of  the  parent's  own
  choosing  and  of  the  right to obtain supportive counseling and of any
  right to have counsel assigned pursuant to section two hundred sixty-two
  of the family court act, section four hundred seven of  the  surrogate's
  court  procedure  act,  or section thirty-five of the judiciary law. The
  judge or surrogate also shall inform the parent of the  consequences  of
  such  surrender,  including  informing  such  parent  that the parent is
  giving up all rights to have custody, visit with, speak with,  write  to
  or  learn  about  the  child, forever, unless the parties have agreed to
  different terms pursuant to subdivision two of this section, or, if  the
  parent registers with the adoption information register, as specified in
  section  forty-one hundred thirty-eight-d of the public health law, that
  the parent may be contacted at any time after the child reaches the  age
  of  eighteen  years,  but only if both the parent and the adult child so
  choose. The court shall  determine  whether  the  terms  and  conditions
  agreed to by the parties pursuant to subdivision two of this section are
  in  the child's best interests before approving the surrender. The judge
  or surrogate shall inform the parent that where a  surrender  containing
  conditions  has  been  executed,  the parent is obligated to provide the
  authorized agency with a designated mailing  address,  as  well  as  any
  subsequent  changes  in  such  address,  at which the parent may receive
  notices regarding any  substantial  failure  of  a  material  condition,
  unless  such  notification is expressly waived by a statement written by
  the parent and appended to or included in such instrument. The judge  or
  surrogate  also  shall inform the parent that the surrender shall become
  final and irrevocable immediately upon its execution and acknowledgment.
  The judge or surrogate shall give the parent a copy  of  such  surrender
  upon the execution thereof.

    4. Extra-judicial surrenders. (a) In any case where a surrender is not
  executed  and  acknowledged  before  a  judge  or  surrogate pursuant to
  subdivision three of this section, such surrender shall be executed  and
  acknowledged  by  the parent, in the presence of at least two witnesses,
  before  a  notary  public  or  other officer authorized to take proof of
  deeds. At least one witness shall be an employee of an authorized agency
  trained, in  accordance  with  the  regulations  of  the  department  of
  children  and  family  services,  to  receive  surrenders.  At least one
  witness shall be a person who is either a licensed master social worker,
  licensed clinical social worker  or  an  attorney  and  who  is  not  an
  employee,  volunteer,  consultant  or  agent  of  or  attorney  for  the
  authorized  agency  to  which  the  child  is  being  surrendered.   The
  commissioner  of  the  office  of  children  and  family services, after
  consultation  with  the  chief  administrator  of  the   courts,   shall
  promulgate   standards  to  help  ensure  the  impartial  selection  and
  independence of such witnesses. Any witness  may,  if  so  commissioned,
  serve as notary under this subdivision.
    (b)  The  authorized  agency  to which the child was surrendered shall
  file an application for approval of the  extra-judicial  surrender  with
  the  court  in which the adoption proceeding is expected to be filed or,
  if not known, the family or surrogate's court in the county in which the
  agency has its principal office. If the child being  surrendered  is  in
  foster care as a result of a proceeding before the family court pursuant
  to article ten or ten-A of the family court act or section three hundred
  fifty-eight-a  of  this  chapter,  the application shall be filed in the
  family court that exercised jurisdiction over such proceeding and, shall
  be assigned, wherever practicable, to the judge who last  presided  over
  such  proceeding.  The  application shall be filed no later than fifteen
  days after  execution  of  such  surrender.  The  application  shall  be
  accompanied  by  affidavits  from  all  the  witnesses  before  whom the
  surrender was executed and acknowledged as provided for in paragraph (a)
  of this subdivision, stating:
    (i) the date, time and place where  the  surrender  was  executed  and
  acknowledged;
    (ii) that the parent was provided with a copy of the surrender;
    (iii)  that the surrender was read in full to the parent in his or her
  principal language and the  parent  was  given  an  opportunity  to  ask
  questions  and  obtain  answers regarding the nature and consequences of
  the surrender, including the  consequences  of,  and  procedures  to  be
  followed  in, cases of a substantial failure of a material condition, if
  any, contained in the surrender instrument and the obligation to provide
  the authorized agency with a designated mailing address, as well as  any
  subsequent  changes  in  such  address,  at which the parent may receive
  notices regarding any  substantial  failure  of  a  material  condition,
  unless  such  notification is expressly waived by a statement written by
  the parent and appended to or included in such instrument; and
    (iv) that the parent executed and acknowledged the surrender.
    (c) The authorized agency to which a child is surrendered pursuant  to
  this  subdivision  must  affix  an  affidavit  to the application, by an
  employee responsible for providing or arranging  supportive  counseling,
  which specifies:
    (i)  when  supportive  counseling  was  offered  to  the parent by the
  authorized agency;
    (ii) whether the parent accepted the offer of  supportive  counseling;
  and
    (iii)  if  accepted,  when  supportive counseling was provided and the
  nature of such supportive counseling.

    (d) Before a judge or surrogate approves an extra-judicial  surrender,
  the  judge or surrogate shall order notice to be given to the person who
  executed the surrender, to persons  identified  in  subdivision  two  of
  section  three  hundred  eighty-four-c  of  this title and to such other
  persons  as  the  judge  or  surrogate  may,  in  his or her discretion,
  prescribe. The petition  shall  set  forth  the  names  and  last  known
  addresses  of all persons required to be given notice of the proceeding,
  pursuant to section three hundred  eighty-four-c,  and  there  shall  be
  shown by the petition or by affidavit or other proof satisfactory to the
  court  that  there  are  no  persons  other  than those set forth in the
  petition who are entitled to notice pursuant to such section. No  person
  who  has  received  such  notice  and been afforded an opportunity to be
  heard may challenge the validity of a  surrender  approved  pursuant  to
  this  subdivision in any other proceeding. Nothing in this section shall
  be deemed to dispense with the consent to adopt if otherwise required of
  any person who has not executed the surrender.
    (e) The agency to which the child is surrendered promptly shall notify
  such court of any correspondence  or  communication  received  from  the
  parent or a person on the parent's behalf subsequent to the execution of
  the  surrender  and  prior to a final order of adoption of the child, if
  such correspondence  or  communication  could  reasonably  indicate  the
  parent's wish to revoke the surrender.
    (f)  The  court  shall enter an order either approving or disapproving
  the surrender. If the court disapproves  the  surrender,  the  surrender
  shall be deemed a nullity and without force or effect, and the court may
  direct  that  any subsequent surrender shall be executed only before the
  court in accordance with subdivision three of this section.
    5. Instrument. (a) There shall be a form of instrument for a  judicial
  surrender and a form of instrument for an extra-judicial surrender.
    (b)  The instrument for a judicial surrender and the instrument for an
  extra-judicial  surrender  shall  be  in  a  form  prescribed   by   the
  commissioner  after  consultation  with  the  chief administrator of the
  courts and shall state in plain language in conspicuous  bold  print  on
  the first page:
    (i)  that  the  parent has the right, before signing the surrender, to
  speak to a lawyer of her or his own choosing and any other person she or
  he wishes; to have that lawyer and any other person present with her  or
  him  at  the  time of the signing of the surrender; and has the right to
  ask the court to appoint a lawyer free of charge if  the  parent  cannot
  afford to hire one; and has the right to have supportive counseling;
    (ii)  that  the  parent is giving up all rights to have custody, visit
  with, speak with, write to or learn about the child, forever, unless the
  parties have agreed to different terms pursuant to  subdivision  two  of
  this section, and unless such terms are written in the surrender, or, if
  the   parent  registers  with  the  adoption  information  register,  as
  specified in section forty-one  hundred  thirty-eight-d  of  the  public
  health  law, that the parent may be contacted at anytime after the child
  reaches the age of eighteen years, but only if both the parent  and  the
  adult child so choose;
    (iii)  that the child will be adopted without the parent's consent and
  without further notice to the parent, and will be adopted by any  person
  that the agency chooses, unless the surrender paper contains the name of
  the person or persons who will be adopting the child; and
    (iv) that the parent cannot be forced to sign the surrender paper, and
  cannot  be  punished if he or she does not sign the paper; and would not
  be subject to any penalty for refusing to sign the surrender.
    (c) A surrender instrument for a judicial surrender also  shall  state
  in  plain  language  in  conspicuous bold print at the beginning thereof

  that the  surrender  becomes  final  and  irrevocable  immediately  upon
  execution  and  acknowledgement, and that the parent cannot bring a case
  in court to revoke the surrender or to  regain  custody  of  the  child.
  Where  the  parties  have  agreed that the surrender shall be subject to
  conditions pursuant to subdivision two of this section,  the  instrument
  shall further state in plain language that:
    (i)  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 attorney for the child and the court
  that approved the  surrender  within  twenty  days  of  any  substantial
  failure   of  a  material  condition  of  the  surrender  prior  to  the
  finalization of the adoption of the child; and
    (ii) except for good cause shown, 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  child's  attorney  in  accordance with section one
  thousand fifty-five-a of the family court act within thirty days of such
  failure, 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 attorney 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 attorney for the child must be  filed
  prior to the child's adoption; and
    (iii)  the parent is obligated to provide the authorized agency with a
  designated mailing address, as well as any subsequent  changes  in  such
  address,   at  which  the  parent  may  receive  notices  regarding  any
  substantial failure of a material condition, unless such notification is
  expressly waived by a statement written by the parent and appended to or
  included in such instrument.
    Nothing in this paragraph shall limit the  notice  on  the  instrument
  with  respect  to  a  failure  to  comply with a material condition of a
  surrender subsequent to the finalization of the adoption of the child.
    (d) An extra-judicial surrender instrument also shall state  in  plain
  language in conspicuous bold print at the beginning thereof that:
    (i)  the  name  and  address of the court in which the application for
  approval of the extra-judicial surrender will be filed;
    (ii) that a revocation of the surrender will be effective if it is  in
  writing  and  postmarked or received by the court named in the surrender
  within forty-five days of the signing of the surrender; and
    (iii) that a revocation of the surrender  more  than  forty-five  days
  after  its signing will not be effective if the child has been placed in
  an adoptive home, and the surrender shall be final and  irrevocable  and
  the  parent  cannot  revoke  the  surrender  or bring a case in court to
  revoke the surrender or regain custody of the child, and that the agency
  will not notify the parent when the child is placed in an adoptive home,
  and the parent may lose all rights at the  end  of  the  forty-five  day
  period  without  further  notice. Where the parties have agreed that the
  surrender shall be subject to conditions pursuant to subdivision two  of
  this section, the instrument shall further state in plain language that:
    (A)  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  of  a  material  condition  of  the  surrender  prior  to   the
  finalization of the adoption of the child; and
    (B)  except  for  good cause shown, 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 law guardian in  accordance  with  section  one  thousand
  fifty-five-a  of the family court act within thirty days of such failure
  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; and
    (C) the parent is obligated to provide the authorized  agency  with  a
  designated  mailing  address,  as well as any subsequent changes in such
  address,  at  which  the  parent  may  receive  notices  regarding   any
  substantial  failure  of  a  material  condition,  unless such notice is
  expressly waived by a statement written by the parent and appended to or
  included in such instrument.
    Nothing in this subparagraph shall limit the notice on the  instrument
  with  respect  to  a  failure  to  comply with a material condition of a
  surrender subsequent to the finalization of the adoption of the child.
    (e) Any surrender instrument subject to the provisions of this section
  shall include an adoption information registry birth parent registration
  consent form, stating whether or not such biological parent  or  parents
  whose  consent is subject to the provisions of this section, consents to
  the receipt of identifying information by the child to be  adopted  upon
  registration  with  the  adoption  information  registry  established by
  section forty-one hundred thirty-eight-c of the public  health  law  and
  upon  the adoptee reaching the age of eighteen. If such consent is made,
  it shall be revocable by either of the biological parents at  any  time.
  The  revocation  of  the  consent by one of the parents shall revoke the
  consent of both parents. The failure of a biological parent to  complete
  the  consent form shall have no effect on the finality of the consent to
  adoption. A copy of the form required  by  this  subdivision,  shall  be
  forwarded  to  the  state adoption information registry for inclusion in
  the records maintained by such  registry.  Any  fees  authorized  to  be
  charged  by  the  state  adoption registry for filing documentation with
  such registry shall be waived for the form required by this subdivision.
    (f) A surrender shall be recorded in the office of the county clerk in
  the county where the surrender  is  executed,  or  where  the  principal
  office of such authorized agency is located, in a book which such county
  clerk  shall  provide  and  shall  keep under seal. Such record shall be
  subject to inspection and examination only as provided  in  subdivisions
  three and four of section three hundred seventy-two of this title.
    (g)   Whenever  the  term  surrender,  surrender  paper  or  surrender
  instrument is used in any law relating to the adoption  of  children  in
  foster  care,  it  shall  mean  and  refer exclusively to the instrument
  described herein for the commitment of the guardianship  of  the  person
  and  the  custody  of  a  child  to  an authorized agency by the child's
  parent, parents or guardian, and in no case shall it be deemed to  apply
  to  any  instrument  purporting to commit the guardianship of the person
  and the custody of a child  to  any  person  other  than  an  authorized
  agency,  nor shall such term or the provisions of this section be deemed
  to apply to any instrument transferring the care and custody of a  child
  to  an authorized agency pursuant to section three hundred eighty-four-a
  of this title.
    (h) Upon execution of a surrender instrument, the parent executing the
  surrender shall provide information to the extent  known  regarding  the
  other  parent,  any  person  to  whom  the  surrendering parent had been
  married at the time of the conception or birth  of  the  child  and  any
  other  person  who  would  be  entitled  to  notice  of  a proceeding to
  terminate  parental   rights   pursuant   to   section   three   hundred

  eighty-four-c  of this title. Such information shall include, but not be
  limited to, such parent's or person's name, last-known  address,  social
  security   number,   employer's   address   and  any  other  identifying
  information.  Any  information provided pursuant to this paragraph shall
  be recorded in the uniform case record maintained  pursuant  to  section
  four hundred nine-f of this article; provided, however, that the failure
  to provide such information shall not invalidate the surrender.
    6.  Effect  of  surrender and revocation. (a) If the court disapproves
  the surrender pursuant to subdivision four of  this  section,  or  if  a
  revocation  of  an  extra-judicial surrender is mailed and postmarked or
  otherwise  delivered  to  the  court  named  in  the  surrender   within
  forty-five  days of the execution of the surrender, such surrender shall
  be deemed a nullity, and the child shall be returned  to  the  care  and
  custody of the authorized agency.
    (b)  If  a  revocation  of  an  extra-judicial surrender is mailed and
  postmarked or otherwise delivered to the court named  in  the  surrender
  more than forty-five days after its execution and the child has not been
  placed  in  an  adoptive home, such surrender shall be deemed a nullity,
  and the child  shall  be  returned  to  the  care  and  custody  of  the
  authorized  agency. For the purposes of this subdivision, no child shall
  be deemed to have been placed in the home of adoptive parents unless the
  fact of such placement, the date thereof,  the  date  of  the  agreement
  pertaining  thereto  and the names and addresses of the adoptive parents
  shall have been recorded in a bound volume maintained by the agency  for
  the  purpose  of  recording such information in chronological order. The
  absence of judicial approval of an extra-judicial  surrender  shall  not
  revive, extend or toll the period for revocation of such surrender.
    (c)  In  any  case  in which the authorized agency determines that the
  persons specified in the surrender will not adopt the child  or  in  any
  other case of a substantial failure of a material condition prior to the
  finalization  of  the  adoption  of the child, the agency promptly shall
  notify the parent thereof, unless such notice is expressly waived  by  a
  statement  written  by  the  parent  and appended to or included in such
  instrument, and shall notify the court and  the  law  guardian  for  the
  child  within twenty days. In any 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 law  guardian  in  accordance  with  section  one
  thousand  fifty-five-a  of  the  family court act, as applicable, within
  thirty days, 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 a filing, the  parent  and/or  law
  guardian  for the child may file such a petition at any time up to sixty
  days after the notification of the failure. Such  petition  filed  by  a
  parent  or  law guardian must be filed prior to the adoption. Nothing in
  this paragraph shall limit the rights and remedies, if any, available to
  the parties and the law guardian with respect to  a  failure  to  comply
  with  a material condition of a surrender subsequent to the finalization
  of the adoption of the child.
    (d) Nothing contained in this section shall bar actions or proceedings
  brought on the ground of fraud, duress or coercion in the  execution  or
  inducement  of a surrender. No action or proceeding may be maintained by
  the surrendering parent or guardian for the custody of  the  surrendered
  child or to revoke or annul such surrender except as provided herein.
    7.  Surrenders  by  persons  in foster care. Notwithstanding any other
  provision of law, a surrender for adoption executed by a parent, parents
  or guardian who is in foster care shall be executed only before a  judge
  of the family court.

    8.  Adoption  proceeding.  (a)  Upon  the  court's order approving the
  surrender, the attorney for  the  petitioning  authorized  agency  shall
  promptly serve upon persons who have been approved by such agency as the
  child's  adoptive  parents,  notice  of entry of the order approving the
  surrender  and  advising such persons that they may commence an adoption
  proceeding. In accordance with the regulations of  the  department,  the
  authorized  agency shall advise such persons of the procedures necessary
  for adoption of the child. The authorized agency  shall  cooperate  with
  such persons in the provision of necessary documentation.
    (b)  The  adoptive  parent  may  commence the adoption proceeding in a
  court of competent jurisdiction in accordance with subdivision three  of
  section  one  hundred thirteen or subdivision two of section one hundred
  fifteen of the domestic relations law, as applicable; provided, however,
  that in the case of an extra-judicial surrender, such  proceeding  shall
  be  initiated more than forty-five days after the surrender is executed.
  Commencement of such a proceeding shall not revive, extend or  toll  the
  period  for  revocation  of an extra-judicial surrender pursuant to this
  section.
    9. Intervention. (a) Any person or persons having custody of  a  child
  for  the  purpose  of  adoption  through  an  authorized agency shall be
  permitted as a matter of right, as an interested party, to intervene  in
  any proceeding commenced to set aside a surrender purporting to commit a
  guardianship  of  the  person  or  custody of a child executed under the
  provisions of this section. Such intervention may be made anonymously or
  in the true name of such person.
    (b) Any person or persons having custody for more than  twelve  months
  through  an  authorized  agency  for the purpose of foster care shall be
  permitted as a matter of right, as an interested party, to intervene  in
  any  proceeding  commenced to set aside a surrender purporting to commit
  the guardianship of the person and custody of a child executed under the
  provisions of this section. Such intervention may be made anonymously or
  in the true name of such person or persons having custody of  the  child
  for the purpose of foster care.
    10. Adoption and permanency hearing.
    a.  Upon  acceptance  of  a  judicial  surrender  or  approval  of  an
  extra-judicial surrender pursuant to subdivision three or four  of  this
  section,  the  court  shall inquire whether any foster parent or parents
  with whom the child resides, or any relative  of  the  child,  or  other
  person,  seeks to adopt such child. If such person or persons do seek to
  adopt such child, such person or persons may submit, and the court shall
  accept, all such petitions for the adoption of the child, together  with
  an  adoption  home  study, if any, completed by an authorized agency, or
  disinterested person as such term is defined  in  subdivision  three  of
  section  one  hundred  sixteen  of the domestic relations law. The court
  shall thereafter establish a schedule for completion of other  inquiries
  and  investigations  necessary to complete review of the adoption of the
  child and shall  immediately  set  a  schedule  for  completion  of  the
  adoption.
    b.  Upon  acceptance  of  a  judicial  surrender  or  approval  of  an
  extra-judicial surrender pursuant to subdivision three or four  of  this
  section,  the  court  shall  schedule  an initial freed child permanency
  hearing pursuant to section one thousand eighty-nine of the family court
  act. Subsequent permanency hearings shall be held  pursuant  to  section
  one thousand eighty-nine of the family court act.