N.Y. Domestic Relations Law § 115-d: 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.

(c) For the purposes of this subdivision, "spousal abuse" is an

offense defined in section 120.05, 120.10, 121.12, or 121.13 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.