N.Y. Family Court Act § 1040: Notice and right to be heard

§ 1040. Notice and right to be heard. The foster parent caring for the

child or any pre-adoptive parent or relative providing care for the

child shall be provided with notice of any permanency hearing held

pursuant to this article by the social services official. Such foster

parent, pre-adoptive parent or relative shall have the right to be heard

at any such hearing; provided, however, no such foster parent,

pre-adoptive parent or relative shall be construed to be a party to the

hearing solely on the basis of such notice and right to be heard. The

failure of the foster parent, pre-adoptive parent, or relative caring

for the child to appear at a permanency hearing shall constitute a

waiver of the right to be heard and such failure to appear shall not

cause a delay of the permanency hearing nor shall such failure to appear

be a ground for the invalidation of any order issued by the court

pursuant to this section.