N.Y. Social Services Law § 374: Authority to place out or board out children

§ 374. Authority to place out or board out children. 1. An authorized

agency is hereby empowered and permitted to place out and board out

children.

1-a. In any agreement between an authorized agency and foster parents

with whom a child or children are to be placed or boarded, there shall

be contained therein the following language: "It is duly acknowledged by

the parties hereto that pursuant to the law of the state of New York, a

foster parent shall have preference in any proceedings to adopt the

child subject to this agreement upon such child having been in the

custody of such foster parent for a period in excess of twelve months".

2. No person, agency, association, corporation, institution, society

or other organization except an authorized agency shall place out or

board out any child but the provisions of this section shall not

restrict or limit the right of a parent, legal guardian or relative

within the second degree to place out or board out a child.

3. Except as hereinafter provided no court, public board, commission

or official shall place out or board out a child in a family not

residing within this state.

(a) A commissioner of public welfare or a city public welfare officer

authorized, pursuant to the provisions of section three hundred

ninety-eight of the social welfare law, to accept the surrender of a

child, may place out a child for the purpose of adoption in a family not

residing within this state. No placement of a child in a family not

residing within this state shall be made unless an agreement for such

placement shall have been reached between the public welfare official

making such placement and the appropriate welfare or other public

official on a state or local level in the state where the family resides

who is authorized by law to supervise children in institutional or

foster care homes. Such agreement shall include provision for the

supervision of the family and the child during the period preceding a

final adoption.

(b) A commissioner of public welfare or a city public welfare officer

authorized, pursuant to the provisions of section three hundred

ninety-eight of the social welfare law, to place children in family

homes, may board out a child in a family not residing within this state.

No child may be boarded out in a family not residing within this state

unless an agreement for such placement shall have been reached between

the public welfare official making such placement and the appropriate

welfare or other public official on a state or local level in the state

where the family resides who is authorized by law to supervise children

in institutional or foster care homes. Such agreement shall include

provision for the supervision of the family and the child during the

period while the child is boarded out.

4. (a) No hospital or lying-in asylum whether incorporated or

unincorporated where women or girls may be received, cared for or

treated during pregnancy or during or after delivery except as

hereinafter provided and no person licensed to carry on like work under

the provisions of article twenty-eight of the public health law shall be

an authorized agency for placing out or boarding out children or place

out any child in a foster home whether for adoption or otherwise either

directly or indirectly or as agent or representative of the mother or

parents of such child.

(b) Every such hospital and licensed person shall forthwith report to

the county or city officer or board charged by law with the care of

destitute children away from their homes where such hospital is located

or where such child is cared for by such licensed person any child

abandoned or left in the care or custody of such hospital or licensed

person provided, however, that no such report except as provided in

section three hundred seventy-two shall be required to be made by a

hospital which is also an authorized agency.

(c) Such officer or board shall receive and care for such child as a

destitute or abandoned child and may bring the case of such child before

the family court in the county or city for adjudication.

(d) The expense of caring for such child as a public charge shall be

paid as provided by this chapter.

5. Nothing contained in this section shall deprive any hospital of any

right or power conferred upon it by its charter or act of incorporation

or specified in its certificate of incorporation.

6. (a) An authorized agency, as defined in paragraphs (a) and (c) of

subdivision ten of section three hundred seventy-one of this title, may

charge or accept a fee or other compensation to or from a person or

persons with whom it has placed out a child, for the reasonable and

necessary expenses of such placement; and no agency, association,

corporation, institution, society or organization, except such an

authorized agency, and no person may or shall request, accept or receive

any compensation or thing of value, directly or indirectly, in

connection with the placing out or adoption of a child or for assisting

a birth parent, relative or guardian of a child in arranging for the

placement of the child for the purpose of adoption; and no person may or

shall pay or give to any person or to any agency, association,

corporation, institution, society or organization, except such an

authorized agency, any compensation or thing of value in connection with

the placing out or adoption of a child or for assisting a birth parent,

relative or guardian of a child in arranging for the placement of the

child for the purpose of adoption. The prohibition set forth in this

section applies to any adoptive placement activity involving a child

born in New York state or brought into this state or involving a New

York resident seeking to bring a child into New York state for the

purpose of adoption.

(b) This subdivision shall not be construed to prevent the payment of

salaries or other compensation by an authorized agency to the officers

or employees thereof; nor shall it be construed to prevent the payment

by a person with whom a child has been placed out of reasonable and

actual medical fees or hospital charges for services rendered in

connection with the birth of such child or of other necessary expenses

incurred by the birth mother in connection with or as a result of such

birth mother's pregnancy or the birth of the child, or of reasonable and

actual nursing, medical or hospital fees for the care of such child, if

such payment is made to the physician, nurse or hospital who or which

rendered the services or to the birth mother of the child, or to prevent

the receipt of such payment by such physician, nurse, hospital or birth

mother. This subdivision shall not be construed to prevent the payment

by an adoptive parent, as defined in section one hundred nine of the

domestic relations law, of the birth mother's reasonable and actual

expenses for housing, maternity clothing, clothing for the child and

transportation for a reasonable period not to exceed one hundred eighty

days prior to the birth and the later of forty-five days after the birth

or forty-five days after the parental consent to the adoption, unless a

court determines, in writing, that circumstances exist which require the

payment of the birth mother's expenses beyond the time periods stated in

this sentence. This subdivision shall not be construed to prevent the

payment by an adoptive parent, as defined in section one hundred nine of

the domestic relations law, of reasonable and actual legal fees charged

for consultation and legal advice, preparation of papers and

representation and other legal services rendered in connection with an

adoption proceeding or of necessary disbursements incurred for or in an

adoption proceeding. No attorney or law firm shall serve as the attorney

for, or provide any legal services to both the birth parent and adoptive

parent in regard to the placing out of a child for adoption or in an

adoption proceeding. No attorney or law firm shall serve as the attorney

for, or provide any legal services to, both an authorized agency and

adoptive parent or both an authorized agency and birth parent where the

authorized agency provides adoption services to such birth parent or

adoptive parent, where the authorized agency provides foster care for

the child, or where the authorized agency is directly or indirectly

involved in the placing out of such child for adoption.

7. After receipt of notice from the state commissioner of health or

the department of health of the city of New York, as the case may be,

that an application has been received by such commissioner or department

for a license or for the renewal of a license to conduct a maternity

hospital or lying-in asylum, pursuant to the provisions of article

twenty-eight of the public health law, the department shall, after

notice to the applicant and opportunity for him to be heard, certify in

writing to such commissioner or city department that the department has

reasonable cause to believe that the applicant is violating or has

violated the provisions of this section, if such be the case. The

department shall so certify within thirty days of the date it received

notice, or within such additional period, not to exceed thirty days, as

the department may request in writing addressed to the commissioner or

administration giving notice.