N.Y. Comp. Codes R. & Regs. tit. 22 § 205.52

Current through Register Vol. 46, No. 45, November 2, 2024

Section 205.52 - Adoption rules; application; timing and venue of filing of petition

(a) Sections 205.53 through 205.55 of this Part shall be applicable to all agency and private- placement adoption proceedings in Family Court.

(b) In any agency adoption, a petition may be filed to adopt a child who is the subject of a termination of parental rights proceeding and whose custody and guardianship has not yet been committed to an authorized agency, provided that:

(1) the adoption petition is filed in the same court where the termination of parental rights proceeding is pending; and

(2) the adoption petition, supporting documents and the fact of their filing shall not be provided to the judge before whom the petition for termination of parental rights is pending until such time as fact-finding is concluded under that petition.

(c) Where a child is under the jurisdiction of the Family Court as a result of a placement in foster care pursuant to article 10 or 10-A of the Family Court Act or section 358-a of the Social Services Law, the adoption petition regarding the child shall be assigned, wherever practicable, to the Family Court judge who last presided over the child's child protective, foster care placement, permanency, surrender or termination of parental rights proceeding. Where the adoption petition has been filed regarding such a child either before a different judge in a different court or before a court in a different county, the petitioner shall so indicate in the petition and the petitioner's attorney shall file an affirmation by the attorney for the petitioner on a uniform form promulgated by the Chief Administrator of the Courts attesting to the reasons for, and circumstances regarding, such filing. The court in which the adoption petition has been filed shall stay the proceeding for not more than 30 days in order to communicate with the Family Court judge who presided over the child's most recent child protective, foster care placement, permanency, termination of parental rights or surrender proceeding, and afford the agency attorney and child's attorney in the respective proceedings an opportunity to be heard orally, in person or by telephone, or in writing. Pursuant to section 113 of the Domestic Relations Law, the Family Court judge who presided over the child's case shall determine whether the adoption petition should be transferred or should be heard in the court in which it has been filed and shall record that determination on a uniform form promulgated by the Chief Administrator of the Courts. This determination shall be incorporated by the court in which the adoption petition has been filed into an order on a uniform form promulgated by the Chief Administrator of the Courts either retaining or transferring the petition. If the adoption petition is to be transferred, the transfer must take place forthwith, but in no event more than 35 days after the filing of the petition.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.52