N.Y. Social Services Law § 383: Care and custody of children

§ 383. Care and custody of children. 1. The parent of a child remanded

or committed to an authorized agency shall not be entitled to the

custody thereof, except upon consent of the court, public board,

commission, or official responsible for the commitment of such child, or

in pursuance of an order of a court or judicial officer of competent

jurisdiction, determining that the interest of such child will be

promoted thereby and that such parent is fit, competent and able to duly

maintain, support and educate such child. The name of such child shall

not be changed while in the custody of an authorized agency.

2. The custody of a child placed out or boarded out and not legally

adopted or for whom legal guardianship has not been granted shall be

vested during his minority, or until discharged by such authorized

agency from its care and supervision, in the authorized agency placing

out or boarding out such child and any such authorized agency may in its

discretion remove such child from the home where placed or boarded.

3. Any adult husband and his adult wife and any adult unmarried

person, who, as foster parent or parents, have cared for a child

continuously for a period of twelve months or more, may apply to such

authorized agency for the placement of said child with them for the

purpose of adoption, and if said child is eligible for adoption, the

agency shall give preference and first consideration to their

application over all other applications for adoption placements.

However, final determination of the propriety of said adoption of such

foster child shall be within the sole discretion of the court, as

otherwise provided herein.

Foster parents having had continuous care of a child, for more than

twelve months, through an authorized agency, shall be permitted as a

matter of right, as an interested party to intervene in any proceeding

involving the custody of the child. Such intervention may be made

anonymously or in the true name of said foster parents.

4. An adult married person who has executed a legally enforceable

separation agreement or is a party to a marriage in which a valid decree

of separation has been entered and who becomes or has been the custodian

of a child placed in their care as a result of court ordered foster care

may apply to such authorized agency for placement of said child with

them for the purpose of adoption. Applications filed pursuant to this

subdivision by persons who, as foster parents, have cared for a child

continuously for a period of twelve months or more shall be entitled to

the same consideration and preference as are given to applications filed

pursuant to subdivision three of this section. Final determination of

the propriety of said adoption of such foster child, however, shall be

within the sole discretion of the court, as otherwise provided herein.

5. Any proceeding brought in connection with the provisions of this

section shall have preference over all other causes in all courts.