Section 205.58 Proceedings for certification as a qualified adoptive parent or parents.

(a) Where the petition in a proceeding for certification as a qualified adoptive parent or parents alleges that petitioner or petitioners will cause a preplacement investigation to be undertaken, the petition shall include the name and address of the disinterested person by whom such investigation will be conducted.

(b) The report of the disinterested person conducting the preplacement investigation shall be filed by such person directly with the court, with a copy of such report delivered simultaneously to the applicant or applicants.

(c) The court shall order a report (1) from the statewide central register of child abuse and maltreatment setting forth whether the child or the petitioner is, or petitioners are, the subject of or another person named in an indicated report, as such terms are defined in section 412 of the Social Services Law, filed with such register; and (2) from the New York State Division of Criminal Justice Services setting forth any existing criminal record of such petitioner or petitioners, in accordance with section 115-d(3-a) of the Domestic Relations Law; provided, however, that where the petitioner(s) have been fingerprinted pursuant to section 378-a of the Social Services Law, the authorized agency in possession of a current criminal history summary report from the New York State Office of Children and Family Services may be requested to provide such report to the court in lieu of a report from the New York State Division of Criminal Justice Services.

Historical Note
Sec. filed May 29, 1990; amd. filed Feb. 5, 2001 eff. Jan. 31, 2001. Amended (c).


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