N.Y. Family Court Act § 1028-a: Application of a relative to become a foster parent

§ 1028-a. Application of a relative to become a foster parent. (a)

Upon the application of a relative to become a foster parent of a child

in foster care, the court shall, subject to the provisions of this

subdivision, hold a hearing to determine whether the child should be

placed with a relative in foster care. Such hearing shall only be held

if:

(i) the person is related to the child as described under paragraph

(a), (b), or (c) of subdivision three of section four hundred

fifty-eight-a of the social services law;

(ii) the child has been temporarily removed under this part, or placed

pursuant to section one thousand fifty-five of this article, and placed

in non-relative foster care;

(iii) the relative indicates a willingness to become the foster parent

for such child and has not refused previously to be considered as a

foster parent or custodian of the child, provided, however, that an

inability to provide immediate care for the child due to a lack of

resources or inadequate housing, educational or other arrangements

necessary to care appropriately for the child shall not constitute a

previous refusal;

(iv) the local social services district has refused to place the child

with the relative for reasons other than the relative's failure to

qualify as a foster parent pursuant to the regulations of the office of

children and family services; and

(v) the application is brought within six months from the date the

relative received notice that the child was being removed or had been

removed from his or her home and no later than twelve months from the

date that the child was removed.

(b) The court shall give due consideration to such application and

shall make the determination as to whether the child should be placed in

foster care with the relative based on the best interests of the child.

(c) After such hearing, if the court determines that placement in

foster care with the relative is in the best interests of the child, the

court shall direct the local commissioner of social services, pursuant

to regulations of the office of children and family services, to

commence an investigation of the home of the relative within twenty-four

hours and thereafter expedite approval or certification of such

relative, if qualified, as a foster parent. No child, however, shall be

placed with a relative prior to final approval or certification of such

relative as a foster parent.