Section 374. Authority to place out or board out children

1. An authorized
  agency is hereby empowered and permitted to  place  out  and  board  out
  children.
    1-a.  In any agreement between an authorized agency and foster parents
  with whom a child or children are to be placed or boarded,  there  shall
  be contained therein the following language: "It is duly acknowledged by
  the  parties hereto that pursuant to the law of the state of New York, a
  foster parent shall have preference in  any  proceedings  to  adopt  the
  child  subject  to  this  agreement  upon  such child having been in the
  custody of such foster parent for a period in excess of twelve months".
    2. No person, agency, association, corporation,  institution,  society
  or  other  organization  except  an authorized agency shall place out or
  board out any child  but  the  provisions  of  this  section  shall  not
  restrict  or  limit  the  right  of a parent, legal guardian or relative
  within the second degree to place out or board out a child.
    3. Except as hereinafter provided no court, public  board,  commission
  or  official  shall  place  out  or  board  out  a child in a family not
  residing within this state.
    (a) A commissioner of public welfare or a city public welfare  officer
  authorized,   pursuant  to  the  provisions  of  section  three  hundred
  ninety-eight of the social welfare law, to accept  the  surrender  of  a
  child, may place out a child for the purpose of adoption in a family not
  residing  within  this  state.  No  placement of a child in a family not
  residing within this state shall be made unless an  agreement  for  such
  placement  shall  have  been reached between the public welfare official
  making such placement  and  the  appropriate  welfare  or  other  public
  official on a state or local level in the state where the family resides
  who  is  authorized  by  law  to  supervise children in institutional or
  foster care homes.  Such  agreement  shall  include  provision  for  the
  supervision  of  the  family and the child during the period preceding a
  final adoption.
    (b) A commissioner of public welfare or a city public welfare  officer
  authorized,   pursuant  to  the  provisions  of  section  three  hundred
  ninety-eight of the social welfare law,  to  place  children  in  family
  homes, may board out a child in a family not residing within this state.
  No  child  may be boarded out in a family not residing within this state
  unless an agreement for such placement shall have been  reached  between
  the  public  welfare  official making such placement and the appropriate
  welfare or other public official on a state or local level in the  state
  where  the family resides who is authorized by law to supervise children
  in institutional or foster care  homes.  Such  agreement  shall  include
  provision  for  the  supervision  of the family and the child during the
  period while the child is boarded out.
    4.  (a)  No  hospital  or  lying-in  asylum  whether  incorporated  or
  unincorporated  where  women  or  girls  may  be  received, cared for or
  treated  during  pregnancy  or  during  or  after  delivery  except   as
  hereinafter  provided and no person licensed to carry on like work under
  the provisions of sections twenty-five  hundred  twenty  to  twenty-five
  hundred  twenty-three,  inclusive,  of the public health law shall be an
  authorized agency for placing out or boarding out children or place  out
  any  child  in  a  foster  home whether for adoption or otherwise either
  directly or indirectly or as agent or representative of  the  mother  or
  parents of such child.
    (b)  Every such hospital and licensed person shall forthwith report to
  the county or city officer or board charged by  law  with  the  care  of
  destitute  children away from their homes where such hospital is located
  or where such child is cared for  by  such  licensed  person  any  child
  abandoned  or  left  in the care or custody of such hospital or licensed

  person provided, however, that no such  report  except  as  provided  in
  section  three  hundred  seventy-two  shall  be required to be made by a
  hospital which is also an authorized agency.
    (c)  Such  officer or board shall receive and care for such child as a
  destitute or abandoned child and may bring the case of such child before
  the family court in the county or city for adjudication.
    (d) The expense of caring for such child as a public charge  shall  be
  paid as provided by this chapter.
    5. Nothing contained in this section shall deprive any hospital of any
  right  or power conferred upon it by its charter or act of incorporation
  or specified in its certificate of incorporation.
    6. An authorized agency, as defined  in  paragraphs  (a)  and  (c)  of
  subdivision  ten of section three hundred seventy-one of this title, may
  charge or accept a fee or other compensation to  or  from  a  person  or
  persons  with  whom  it  has  placed out a child, for the reasonable and
  necessary expenses  of  such  placement;  and  no  agency,  association,
  corporation,  institution,  society  or  organization,  except  such  an
  authorized agency, and no person may or shall request, accept or receive
  any  compensation  or  thing  of  value,  directly  or  indirectly,   in
  connection  with the placing out or adoption of a child or for assisting
  a birth parent, relative or guardian of a child  in  arranging  for  the
  placement of the child for the purpose of adoption; and no person may or
  shall  pay  or  give  to  any  person  or  to  any  agency, association,
  corporation,  institution,  society  or  organization,  except  such  an
  authorized agency, any compensation or thing of value in connection with
  the  placing out or adoption of a child or for assisting a birth parent,
  relative or guardian of a child in arranging for the  placement  of  the
  child  for  the  purpose  of adoption. The prohibition set forth in this
  section applies to any adoptive placement  activity  involving  a  child
  born  in  New  York  state or brought into this state or involving a New
  York resident seeking to bring a child  into  New  York  state  for  the
  purpose of adoption.
    This  subdivision  shall  not  be  construed to prevent the payment of
  salaries or other compensation by an authorized agency to  the  officers
  or  employees  thereof; nor shall it be construed to prevent the payment
  by a person with whom a child has been  placed  out  of  reasonable  and
  actual  medical  fees  or  hospital  charges  for  services  rendered in
  connection with the birth of such child or of other  necessary  expenses
  incurred  by  the  birth mother in connection with or as a result of her
  pregnancy or the birth  of  the  child,  or  of  reasonable  and  actual
  nursing,  medical  or  hospital fees for the care of such child, if such
  payment is made to  the  physician,  nurse  or  hospital  who  or  which
  rendered the services or to the birth mother of the child, or to prevent
  the  receipt of such payment by such physician, nurse, hospital or birth
  mother. This subdivision shall not be construed to prevent  the  payment
  by  an  adoptive  parent,  as defined in section one hundred nine of the
  domestic relations law, of the  birth  mother's  reasonable  and  actual
  expenses  for  housing,  maternity  clothing, clothing for the child and
  transportation for a reasonable period not to exceed sixty days prior to
  the birth and the later of thirty days after the birth  or  thirty  days
  after  the  parental consent to the adoption, unless a court determines,
  in writing, that  exceptional  circumstances  exist  which  require  the
  payment of the birth mother's expenses beyond the time periods stated in
  this  sentence.  This  subdivision shall not be construed to prevent the
  payment by an adoptive parent, as defined in section one hundred nine of
  the domestic relations law, of reasonable and actual legal fees  charged
  for   consultation   and   legal   advice,  preparation  of  papers  and
  representation and other legal services rendered in connection  with  an

  adoption  proceeding or of necessary disbursements incurred for or in an
  adoption proceeding. No attorney or law firm shall serve as the attorney
  for, or provide any legal services to both the birth parent and adoptive
  parent  in  regard  to  the placing out of a child for adoption or in an
  adoption proceeding. No attorney or law firm shall serve as the attorney
  for, or provide any legal services to, both  an  authorized  agency  and
  adoptive  parent or both an authorized agency and birth parent where the
  authorized agency provides adoption services to  such  birth  parent  or
  adoptive  parent,  where  the authorized agency provides foster care for
  the child, or where the authorized  agency  is  directly  or  indirectly
  involved in the placing out of such child for adoption.
    7.  After  receipt  of notice from the state commissioner of health or
  the department of health of the city of New York, as the  case  may  be,
  that an application has been received by such commissioner or department
  for  a  license  or  for the renewal of a license to conduct a maternity
  hospital or lying-in asylum, pursuant  to  the  provisions  of  sections
  twenty-five   hundred   twenty   to  twenty-five  hundred  twenty-three,
  inclusive, of the public health law, the department shall, after  notice
  to the applicant and opportunity for him to be heard, certify in writing
  to  such  commissioner  or  city  department  that  the  department  has
  reasonable cause to believe that  the  applicant  is  violating  or  has
  violated  the  provisions  of  this  section,  if  such be the case. The
  department shall so certify within thirty days of the date  it  received
  notice,  or within such additional period, not to exceed thirty days, as
  the department may request in writing addressed to the  commissioner  or
  administration giving notice.