(a) the state has determined cannot or shall not be returned to the
home of his or her parents; and
(b) the state has first determined:
(i) is a handicapped child as defined in subdivision two of section
four hundred fifty-one of this title, or is a hard-to-place child as
defined in paragraph (c) of subdivision three of section four hundred
fifty-one of this title; and
(ii) a reasonable, but unsuccessful effort has been made to place the
child with appropriate adoptive parents without adoption assistance.
Such an effort need not be made where such efforts would not be in the
best interests of the child because of such factors as the existence of
significant emotional ties with prospective adoptive parents while in
the care of such parents as a foster child.
Structure New York Laws