Section 1028-A. Application of a relative to become a foster parent

(a)
  Upon the application of a relative to become a foster parent of a  child
  in  foster  care,  the  court  shall,  subject to the provisions of this
  subdivision, hold a hearing to determine whether  the  child  should  be
  placed  with  a relative in foster care. Such hearing shall only be held
  if:
    (i) the relative is related within the third degree  of  consanguinity
  to either parent;
    (ii) the child has been temporarily removed under this part, or placed
  pursuant  to section one thousand fifty-five of this article, and placed
  in non-relative foster care;
    (iii) the relative indicates a willingness to become the foster parent
  for such child and has not refused previously  to  be  considered  as  a
  foster  parent  or  custodian  of  the child, provided, however, that an
  inability to provide immediate care for the  child  due  to  a  lack  of
  resources  or  inadequate  housing,  educational  or  other arrangements
  necessary to care appropriately for the child  shall  not  constitute  a
  previous refusal;
    (iv) the local social services district has refused to place the child
  with  the  relative  for  reasons  other  than the relative's failure to
  qualify as a foster parent pursuant to the regulations of the office  of
  children and family services; and
    (v)  the  application  is  brought within six months from the date the
  relative received notice that the child was being removed  or  had  been
  removed  from  his  or her home and no later than twelve months from the
  date that the child was removed.
    (b) The court shall give due consideration  to  such  application  and
  shall make the determination as to whether the child should be placed in
  foster care with the relative based on the best interests of the child.
    (c)  After  such  hearing,  if  the court determines that placement in
  foster care with the relative is in the best interests of the child, the
  court shall direct the local commissioner of social  services,  pursuant
  to  regulations  of  the  office  of  children  and  family services, to
  commence an investigation of the home of the relative within twenty-four
  hours  and  thereafter  expedite  approval  or  certification  of   such
  relative,  if qualified, as a foster parent. No child, however, shall be
  placed with a relative prior to final approval or certification of  such
  relative as a foster parent.