Criminal History Could Disqualify A Person From Being Adoptive or Foster Parent in New York
New York Governor David A. Patterson has signed a bill into law that amends the social services law and domestic relations law with respect to certification and approval of foster and adoptive parents convicted of certain crimes. A person convicted of an enumerated crime can no longer be approved to be an adoptive or foster parent. This is now true even if that person can demonstrate that denial of their application creates a substantial risk of harm to the physical and mental well being of the child, approval of the application would not place the child’s safety in jeopardy and approval of the application would be in the best interest of the child. The enumerated crimes can be found in Social Security Law § 378-a (2)(e)(1). The purpose of the new law is to guarantee continued federal funding under Title IV-E of the Federal Social Security Act. Senator Kruger and Assemblyman Titus sponsored the bill. The senate bill number is S.7449 and the assembly bill number is A.10803. Governor Paterson signed the bill into law on September 25, 2008 and the new law took effect October 1, 2008.
