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

 
    § 383. Care and custody of children. 1. The parent of a child remanded
  or  committed  to  an  authorized  agency  shall  not be entitled to the
  custody thereof,  except  upon  consent  of  the  court,  public  board,
  commission, or official responsible for the commitment of such child, or
  in  pursuance  of  an  order of a court or judicial officer of competent
  jurisdiction, determining that  the  interest  of  such  child  will  be
  promoted thereby and that such parent is fit, competent and able to duly
  maintain,  support  and educate such child. The name of such child shall
  not be changed while in the custody of an authorized agency.
    2. The custody of a child placed out or boarded out  and  not  legally
  adopted  or  for  whom  legal guardianship has not been granted shall be
  vested during his minority,  or  until  discharged  by  such  authorized
  agency  from  its care and supervision, in the authorized agency placing
  out or boarding out such child and any such authorized agency may in its
  discretion remove such child from the home where placed or boarded.
    3. Any adult husband and  his  adult  wife  and  any  adult  unmarried
  person,  who,  as  foster  parent  or  parents,  have  cared for a child
  continuously for a period of twelve months or more, may  apply  to  such
  authorized  agency  for  the  placement  of said child with them for the
  purpose of adoption, and if said child is  eligible  for  adoption,  the
  agency   shall   give   preference  and  first  consideration  to  their
  application  over  all  other  applications  for  adoption   placements.
  However,  final  determination of the propriety of said adoption of such
  foster child shall be within  the  sole  discretion  of  the  court,  as
  otherwise provided herein.
    Foster  parents  having  had continuous care of a child, for more than
  twelve months, through an authorized agency, shall  be  permitted  as  a
  matter  of  right, as an interested party to intervene in any proceeding
  involving the custody of  the  child.  Such  intervention  may  be  made
  anonymously or in the true name of said foster parents.
    4.  An  adult  married  person  who has executed a legally enforceable
  separation agreement or is a party to a marriage in which a valid decree
  of separation has been entered and who becomes or has been the custodian
  of a child placed in their care as a result of court ordered foster care
  may apply to such authorized agency for placement  of  said  child  with
  them  for  the  purpose of adoption. Applications filed pursuant to this
  subdivision by persons who, as foster parents, have cared  for  a  child
  continuously  for a period of twelve months or more shall be entitled to
  the same consideration and preference as are given to applications filed
  pursuant to subdivision three of this section.  Final  determination  of
  the  propriety  of said adoption of such foster child, however, shall be
  within the sole discretion of the court, as otherwise provided herein.
    5. Any proceeding brought in connection with the  provisions  of  this
  section shall have preference over all other causes in all courts.