§ 1040. Notice and right to be heard. The foster parent caring for the
child or any pre-adoptive parent or relative providing care for the
child shall be provided with notice of any permanency hearing held
pursuant to this article by the social services official. Such foster
parent, pre-adoptive parent or relative shall have the right to be heard
at any such hearing; provided, however, no such foster parent,
pre-adoptive parent or relative shall be construed to be a party to the
hearing solely on the basis of such notice and right to be heard. The
failure of the foster parent, pre-adoptive parent, or relative caring
for the child to appear at a permanency hearing shall constitute a
waiver of the right to be heard and such failure to appear shall not
cause a delay of the permanency hearing nor shall such failure to appear
be a ground for the invalidation of any order issued by the court
pursuant to this section.