N.Y. Family Court Act § 1055-a: Substantial failure of a material condition of surrender; enforcement of a contact agreement

§ 1055-a. Substantial failure of a material condition of surrender;

enforcement of a contact agreement. (a) In case of a substantial

failure of a material condition in a surrender executed pursuant to

section three hundred eighty-three-c of the social services law prior to

finalization of the adoption of the child, the court shall possess

continuing jurisdiction in accordance with subdivision six of such

section to rehear the matter upon the filing of a petition by the

authorized agency, the parent or the attorney for the child or whenever

the court deems necessary. In such case, 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 to comply with a material

condition of the surrender prior to the finalization of the adoption of

the child. In 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

the attorney for the child in accordance with this section within thirty

days of such failure, 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 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 child's attorney must be filed prior to the adoption of the child.

(b) If an agreement for continuing contact and communication pursuant

to paragraph (b) of subdivision two of section three hundred

eighty-three-c of the social services law is approved by the court, and

the child who is the subject of the approved agreement has not yet been

adopted, any party to the approved agreement may file a petition with

the family court in the county where the agreement was approved to

enforce such agreement. A copy of the approved agreement shall be

annexed to such petition. The court shall enter an order enforcing

communication or contact pursuant to the terms and conditions of the

agreement unless the court finds that enforcement would not be in the

best interests of the child.

(c) Nothing in this section shall limit the rights and remedies

available to the parties and the attorney for the child pursuant to

section one hundred twelve-b of the domestic relations law with respect

to a failure to comply with a material condition of a surrender

subsequent to the finalization of the adoption of the child.