§ 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 person is related to the child as described under paragraph
(a), (b), or (c) of subdivision three of section four hundred
fifty-eight-a of the social services law;

(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.