Can the prospective foster/adoptive parents be given custody?
Answer 8: Who is considered a “child” for adoption subsidy purposes is set forth in section 451(1) of the Social Services Law. The general rule is that the child must be in the custody and guardianship of a social services district or a voluntary authorized agency. There are some exceptions. One is where the child is in the care and custody of a social services district pursuant to Article 10 of the Family Court Act or section 384-a of the Social Services Law and all persons whose consent to adopt are deceased. The other is where the child is in the custody and guardianship of the child’s foster parent. In the case cited above, the child would not be eligible for adoption subsidy unless the child was either in the custody and guardianship of the social services district, or the foster parent has custody and guardianship or if the deceased parent exception applied.
