N.Y. Family Court Act § 116: Religion of custodial persons and agencies

§ 116. Religion of custodial persons and agencies. (a) Whenever a

child is remanded or committed by the court to any duly authorized

association, agency, society or institution, other than an institution

supported and controlled by the state or a subdivision thereof, such

commitment must be made, when practicable, to a duly authorized

association, agency, society or institution under the control of persons

of the same religious faith or persuasion as that of the child.

(b) Whenever any child thus committed is placed by any such

association, agency, society or institution in a family, or in the home,

or in the custody, of any person other than that of its birth or adopted

parent or parents, or when so placed or paroled directly by the court,

such placement or parole must, when practicable, be with or in the

custody of a person or persons of the same religious faith or persuasion

as that of the child.

(c) In appointing guardians of children, except guardians ad litem,

and in granting orders of adoption of children, the court must, when

practicable, appoint only as such guardians, and only give custody

through adoption to, persons of the same religious faith or persuasion

as that of the child.

(d) The provisions of paragraphs (a), (b) and (c) of this section

shall be interpreted literally, so as to assure that in the care,

protection, guardianship, discipline or control of any child his

religious faith shall be preserved and protected by the court. But this

section shall not be construed so as to prevent the remanding of a

child, during the pendency of a proceeding, to a place of detention

designated by rules of court nor to the placing of a child in a hospital

or similar institution for necessary treatment.

(e) The words "when practicable" as used in this section shall be

interpreted as being without force or effect if there is a proper or

suitable person of the same religous faith or persuasion as that of the

child available for appointment as guardian, or to be designated as

custodian, or to whom control may be given, or to whom orders of

adoption may be granted; or if there is a duly authorized association,

agency, society or institution under the control of persons of the same

religious faith or persuasion as that of the child, at the time

available and willing to assume the responsibility for the custody of or

control over any such child.

(f) If a child is placed in the custody, or under the supervision or

control, of a person or of persons of a religious faith or persuasion

different from that of the child, or if a guardian of a child is

appointed whose religious faith or persuasion is different from that of

the child, or if orders of adoption are granted to a person or persons

whose religious faith is different from that of the child adopted, or if

a child is remanded or committed to a duly authorized association,

agency, society or institution, or to any other place, which is under

the control of persons of a religious faith or persuasion different from

that of the child, the court shall state or recite the facts which impel

it to make such disposition and such statement shall be made a part of

the minutes of the proceeding.

(g) The provisions of subdivisions (a), (b), (c), (d), (e) and (f) of

this section shall, so far as consistent with the best interests of the

child, and where practicable, be applied so as to give effect to the

religious wishes of the birth mother, if the child is born

out-of-wedlock, or if born in-wedlock, the religious wishes of the birth

parents of the child, or if only one of the birth parents of an

in-wedlock child is then living, the religious wishes of the birth

parent then living. Religious wishes of a birth parent shall include

wishes that the child be placed in the same religion as the birth parent

or in a different religion from the birth parent or with indifference to

religion or with religion a subordinate consideration. Expressed

religious wishes of a birth parent shall mean those which have been set

forth in a writing signed by the birth parent, except that, in a

non-agency adoption, such writing shall be an affidavit of the birth

parent. In the absence of expressed religious wishes, as defined in this

subdivision, determination of the religious wishes, if any, of the birth

parent, shall be made upon the other facts of the particular case, and,

if there is no evidence to the contrary, it shall be presumed that the

birth parent wishes the child to be reared in the religion of the birth

parent.