New York Consolidated Laws

N.Y. Social Services Law § 383 (2026)

Care and custody of children

✓ current as of May 2026

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§ 383. Care and custody of children. 1. The parent of a child remanded
or committed to an authorized agency shall not be entitled to the
custody thereof, except upon consent of the court, public board,
commission, or official responsible for the commitment of such child, or
in pursuance of an order of a court or judicial officer of competent
jurisdiction, determining that the interest of such child will be
promoted thereby and that such parent is fit, competent and able to duly
maintain, support and educate such child. The name of such child shall
not be changed while in the custody of an authorized agency.
  2. The custody of a child placed out or boarded out and not legally
adopted or for whom legal guardianship has not been granted shall be
vested during his minority, or until discharged by such authorized
agency from its care and supervision, in the authorized agency placing
out or boarding out such child and any such authorized agency may in its
discretion remove such child from the home where placed or boarded.
  3. Any adult husband and his adult wife and any adult unmarried
person, who, as foster parent or parents, have cared for a child
continuously for a period of twelve months or more, may apply to such
authorized agency for the placement of said child with them for the
purpose of adoption, and if said child is eligible for adoption, the
agency shall give preference and first consideration to their
application over all other applications for adoption placements.
However, final determination of the propriety of said adoption of such
foster child shall be within the sole discretion of the court, as
otherwise provided herein.
  Foster parents having had continuous care of a child, for more than
twelve months, through an authorized agency, shall be permitted as a
matter of right, as an interested party to intervene in any proceeding
involving the custody of the child. Such intervention may be made
anonymously or in the true name of said foster parents.
  4. An adult married person who has executed a legally enforceable
separation agreement or is a party to a marriage in which a valid decree
of separation has been entered and who becomes or has been the custodian
of a child placed in their care as a result of court ordered foster care
may apply to such authorized agency for placement of said child with
them for the purpose of adoption. Applications filed pursuant to this
subdivision by persons who, as foster parents, have cared for a child
continuously for a period of twelve months or more shall be entitled to
the same consideration and preference as are given to applications filed
pursuant to subdivision three of this section. Final determination of
the propriety of said adoption of such foster child, however, shall be
within the sole discretion of the court, as otherwise provided herein.
  5. Any proceeding brought in connection with the provisions of this
section shall have preference over all other causes in all courts.

Notes of Decisions

Cited in 83 cases (9 in the last 5 years), 1976–2026 · leading case: In re Michael B., 604 N.E.2d 122 (NY 1992).

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In re Michael B., 604 N.E.2d 122 (NY 1992). · cites it 3× “Legal custody of a child in foster care remains with the agency that places the child, not with the foster parents (Social Services Law § 383 [2]). Foster parents enter into this arrangement with the express understanding that the placement is temporary, and that the agency…”

Weisbrod-Moore v. Cayuga Cnty., 2025 NY Slip Op 00903 (NY 2025). · cites it 6× “Conversely, although a foster child may leave the municipality's physical custody once placed in a foster home, that child does not return to the legal custody of any parental authority; legal custody remains with the municipality ( see Social Services Law § 383 [2]; see also…”

Org. of Foster Familes for Equality & Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976). · cites it 6× “Social Services Law §§ 383(2) and 400. After having been informed of *279 the impending removal in a printed notice, which contains no space for any detailed elucidation of the reasons for that removal, the foster parents may request a conference with a "public official" of the…”

In re Sean W., 87 A.D.3d 1318 (N.Y. App. Div. 2011). · cites it 2× “Finally, the mother failed to preserve for our review her contention that the court erred in permitting the foster parents to participate in the dispositional hearing pursuant to Social Services Law § 383 (3) in the absence of a written motion to intervene (see CPLR 1012 [a]…”

Mosher-Simons v. Cnty. of Allegany, 783 N.E.2d 509 (NY 2002). “On March 29, 1993, Family Court considered a new custody application brought by Jarrett’s former foster parents (see Social Services Law § 383). Plaintiff opposed the application and asked for sanctions, but the court instead made the Mosher placement temporary and scheduled a…”

Harke v. Onondaga Cnty. Dep't of Soc. Servs., 120 A.D.2d 87 (N.Y. App. Div. 1986). · cites it 3× “Appellants base their claim on Social Services Law § 383 (3) which pertains to the care and custody of children "remanded or committed to an authorized agency” and provides that foster parents shall be given preference for adoption and have a right to intervene "in any…”

In re Aidan D., 58 A.D.3d 906 (N.Y. App. Div. 2009). “, the child’s foster mother, for leave to intervene in this appeal (see Social Services Law § 383 [3]).”

Bessette v. Saratoga Cnty. Comm'r of Soc. Servs., 209 A.D.2d 838 (N.Y. App. Div. 1994). · cites it 2× “, Domestic Relations Law §§71 [siblings given right to seek visitation], 72 [grandparents given right to seek visitation]; Family Ct Act § 1081 [noncustodial parents and grandparents given visitation rights with a child in foster care]; Social Services Law § 383 [certain foster…”

Matter of Dale P., 638 N.E.2d 506 (NY 1994). “The Family Court is empowered to guard the welfare of the child and, as the Law Guardian has demonstrated, Family Court, in this instance, is the primary care-director, charged with ongoing responsibility *81 for the child (Social Services Law § 383 [2] [legal custody remains…”

Matter of Patricia I.H. v. ACS-Kings, 140 A.D.3d 1165 (N.Y. App. Div. 2016). “Following the hearing, the court terminated the father’s parental rights, found that it *1166 was in the child’s best interests that he be freed for adoption by his foster parent, and denied the grandmother’s custody petition.”

In re Haylee RR., 47 A.D.3d 1093 (N.Y. App. Div. 2008). “The foster parents would have a preference for adoption, given that they had continuously cared for Haylee for more than a year and expressed an interest in adopting her (see Social Services Law § 383 [3]; Matter of Michael W.”

Matter of Diane T. v. Shawn N., 2017 NY Slip Op 942 (N.Y. App. Div. 2017). “Contrary to petitioner’s argument, kinship relatives of parents whose rights have been terminated do not have and are not afforded any greater standing or interest with respect to custody of the child than the child’s foster parents (see Social Services Law § 383 [3]). Moreover,…”

Show all 83 citing cases →

— N.Y. Social Services Law § 383(2) — 1 case

Org. of Foster Familes for Equality & Reform v. Dumpson, 418 F. Supp. 277 (S.D.N.Y. 1976). “Social Services Law §§ 383(2) and 400. After having been informed of *279 the impending removal in a printed notice, which contains no space for any detailed elucidation of the reasons for that removal, the foster parents may request a conference with a "public official" of the…”

— N.Y. Social Services Law § 383(3) — 8 cases

Matter of Jose M. F. (Melanie R.--Estilla K.), 2021 NY Slip Op 02522 (N.Y. App. Div. 2021).

Matter of Tabitha T. S. M. (Tracee L. M.--Candace E.), 2018 NY Slip Op 1468 (N.Y. App. Div. 2018).

Matter of El v. Admin. for Child.'s Servs.-Queens, 2018 NY Slip Op 1466 (N.Y. App. Div. 2018).

Matter of Kadi W. v. ACS-Kings, 2018 NY Slip Op 8490 (N.Y. App. Div. 2018).

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