115-D - Petition for certification.

§  115-d.  Petition  for  certification.  1. Except as provided for in  subdivision eight of this section, a person or persons  petitioning  for  certification  as  a  qualified  adoptive parent or parents shall upon a  form, promulgated by the chief administrator of the courts,  provide  to  the court:    (a) the applicant's name or applicants' names, residential address and  telephone number;    (b)  a  statement by the applicant or applicants that they are seeking  certification by the court as a person  or  persons  qualified  to  take  physical  custody  of  an  infant  prior  to or contemporaneous with the  filing of a private-placement adoption petition;    (c) a statement by the applicant or  applicants  as  to  whether  such  applicant  or applicants have been the subject of an indicated report of  child abuse or maltreatment, pursuant to title six of article six of the  social services law; and    (d) a statement that a pre-placement investigation will be  undertaken  by  a  disinterested person, as such term is defined in subdivision four  of this section, and that a written report of such investigation will be  furnished directly to the court by such disinterested person with a copy  of such report to  be  delivered  simultaneously  to  the  applicant  or  applicants. Such disinterested person shall certify to the court that he  or  she  is a disinterested person and has no interest in the outcome of  the party's or parties' application.  Such  disinterested  person  shall  further  disclose to the court any fee paid or to be paid to such person  for   services   rendered   in   connection   with   the   pre-placement  investigation.    Such petition shall also require information regarding:    (i)  the  marital and family status and history of the adoptive parent  or parents;    (ii) the physical and mental health of the adoptive parent or parents;    (iii) the property owned by and  the  income  of  adoptive  parent  or  parents;    (iv) whether the adoptive parent or either of the adoptive parents has  ever  been  a  respondent in any proceeding concerning allegedly abused,  neglected, abandoned or delinquent children; and    (v)  whether  the  applicant  or  applicants  have  made   any   prior  application  for certification as a qualified adoptive parent or parents  and, if so, the disposition of such application for certification.    2. In any case where the applicant or  applicants  do  not  intend  to  cause  a  pre-placement  investigation  to be undertaken pursuant to the  provisions of paragraph (d) of subdivision one  of  this  section,  such  applicant   or   applicants   shall  request  the  court  to  appoint  a  disinterested person to conduct such  pre-placement  investigation.  The  investigative  written  report  shall  be  submitted  to  the  judge  or  surrogate within thirty days, unless for good cause shown the  judge  or  surrogate shall grant a reasonable extension of such period.    3.  Such  applicant or applicants shall be financially responsible for  the costs of  any  pre-placement  investigation  conducted  pursuant  to  subdivision one or two of this section.    3-a.  (a)  The court shall submit fingerprint cards and order a report  from the  division  of  criminal  justice  services  setting  forth  any  existing criminal history record of the applicant for certification as a  qualified adoptive parent.    (b)  Notwithstanding  any  other  provision  of law to the contrary, a  petition for certification as  a  qualified  adoptive  parent  shall  be  denied  where  a  criminal  history  record  of  the applicant reveals a  conviction for (i) a felony conviction at any time involving: (1)  child  abuse  or  neglect;  (2)  spousal  abuse;  (3)  a crime against a child,including  child  pornography;  or  (4)  a  crime  involving   violence,  including  rape,  sexual  assault,  or  homicide,  other  than  a  crime  involving physical assault or  battery;  or  (ii)  a  felony  conviction  within  the  past  five  years  for  physical  assault,  battery,  or  a  drug-related offense.    * (c) For the purposes of this  subdivision,  "spousal  abuse"  is  an  offense  defined  in section 120.05 or 120.10 of the penal law where the  victim of such offense was the defendant's  spouse;  provided,  however,  spousal  abuse  shall not include a crime in which the applicant was the  defendant, and the court finds in accordance with this subdivision  that  he  or  she was the victim of physical, sexual or psychological abuse by  the victim of such offense and such abuse was a factor  in  causing  the  applicant to commit such offense.    * NB Effective until November 11, 2010    * (c)  For  the  purposes  of  this subdivision, "spousal abuse" is an  offense defined in section 120.05, 120.10,  121.12,  or  121.13  of  the  penal  law  where the victim of such offense was the defendant's spouse;  provided, however, spousal abuse shall not include a crime in which  the  applicant was the defendant, and the court finds in accordance with this  subdivision  that  he  or  she  was  the  victim  of physical, sexual or  psychological abuse by the victim of such offense and such abuse  was  a  factor in causing the applicant to commit such offense.    * NB Effective November 11, 2010    4.  A pre-placement investigation conducted pursuant to the provisions  of this section shall be made by  a  disinterested  person  who  in  the  opinion  of  the  judge  or  surrogate  is  qualified  by  training  and  experience to examine into the allegations set forth in the  application  and  any  other  factors which may be relevant to the suitability of the  applicant or applicants as a qualified adoptive parent or  parents.  For  the  purposes of this section, a disinterested person shall also include  a licensed master social worker, licensed clinical  social  worker,  the  probation   service   of  the  family  court  or  an  authorized  agency  specifically  designated  by  the   court   to   conduct   pre-placement  investigations.    5.  Such  disinterested  person  shall  file  with the court a written  report of his or her investigation into the truth and  accuracy  of  the  allegations set forth in the application and his or her investigation of  the  various  factors  which  may  be relevant to the suitability of the  applicant  or   applicants   as   qualified   adoptive   parents.   Such  investigation shall include, but not be limited to, a personal interview  and visit at the applicant's or applicants' home and an investigation of  any  other  facts relating to the familial, social, religious, emotional  and financial circumstances of the adoptive parent or parents which  may  be relevant to certification as a qualified adoptive parent or parents.    6. Certification and provisional certification. If after consideration  of  the  report  submitted  by  the  disinterested person, and all other  relevant and material factors, the court  grants  the  application,  the  applicant  or  applicants may accept physical custody of a child for the  purposes of adoption, either prior to or contemporaneous with the filing  of an adoption petition. The order granting the petition shall be  valid  for  a  period  not  to  exceed eighteen months and shall be accepted as  proof of certification by any court of competent jurisdiction within the  state. The court may in its discretion  grant  a  conditional  order  of  certification  upon satisfactory completion and submission of a petition  wherein the prospective adoptive parent or  parents  indicate  no  prior  criminal  convictions or founded findings of child abuse or neglect, and  after completion of a disinterested person investigation provided for in  this section, pending completion of any further reports,  investigationsor  inquiries  ordered  by the court or required by any other statute or  court rule. A conditional order of  certification  shall  be  valid  and  remain  in  force and effect until replaced by an order of certification  or by an order denying the petition, whichever shall first occur, but in  no  event  shall  such  provisional  certification  continue  beyond one  hundred eighty days from the date of original  issuance.  If  the  court  denies  the petition, the reasons for such denial shall be stated on the  record or in the order.    7. Nothing in this section shall be deemed to waive, limit or restrict  the provisions of any other law  requiring  any  inquiry,  disinterested  person  investigation  or court review of any persons seeking to adopt a  child under any provision of law.    8. The provisions of this section shall not apply to petitions brought  by a step-parent for the adoption of a step-child where  the  step-child  has  resided  with the birth parent and the step-parent for a continuous  period of at least one year.    9. Extension of certification. When a petition for adoption  is  filed  by a qualified parent or parents previously certified and the balance of  the  time  period  remaining under such certification in accordance with  subdivision six of this section is less than one year, the court may  on  its  own  motion  or  on  the  motion of the petitioners extend the time  period of the original certification to a date eighteen months from  the  date of filing of the adoption petition. When a petition for adoption is  filed  by  a  qualified  parent  or  parents  who  have  previously been  certified by an order which has expired within a year preceding the date  of the adoption petition, the court may extend the termination  date  of  the  earlier certification until eighteen months from the filing of such  petition, provided the petitioner apply for such extension and set forth  any change of circumstances of the qualified  parent  or  parents  since  issuance  and expiration of the last certification which may be relevant  and material to the extension of such certification  and  affix  thereto  written verification of any such changed circumstance or lack thereof by  a  disinterested  person as defined in subdivision four of this section.  Except as is provided for by  this  subdivision,  the  court  shall  not  extend   a  previously  expired  order  of  certification.  Any  further  certification  shall  require  the  filing  of  a   new   petition   for  certification in accordance with subdivision six of this section.    In  any  instance  when  the  court  determines  whether  to  extend a  certification under this subdivision, the court, in its discretion,  may  order each or any of (a) a report from the statewide central registry of  child  abuse  and  maltreatment  to  determine  whether the child or the  petitioner is or has been the subject of or another person named  in  an  indicated  report,  as  such  terms  are defined in section four hundred  twelve of the social services law,  filed  with  such  register,  (b)  a  report  from the division of criminal justice services setting forth any  criminal record of such petitioner or petitioners, and (c) an additional  pre-placement investigation to be undertaken by a disinterested  person.  Nothing  herein  shall be deemed to require that the court enter such an  order.