§ 374. Authority to place out or board out children. 1. An authorized\nagency is hereby empowered and permitted to place out and board out\nchildren.\n 1-a. In any agreement between an authorized agency and foster parents\nwith whom a child or children are to be placed or boarded, there shall\nbe contained therein the following language: "It is duly acknowledged by\nthe parties hereto that pursuant to the law of the state of New York, a\nfoster parent shall have preference in any proceedings to adopt the\nchild subject to this agreement upon such child having been in the\ncustody of such foster parent for a period in excess of twelve months".\n 2. No person, agency, association, corporation, institution, society\nor other organization except an authorized agency shall place out or\nboard out any child but the provisions of this section shall not\nrestrict or limit the right of a parent, legal guardian or relative\nwithin the second degree to place out or board out a child.\n 3. Except as hereinafter provided no court, public board, commission\nor official shall place out or board out a child in a family not\nresiding within this state.\n (a) A commissioner of public welfare or a city public welfare officer\nauthorized, pursuant to the provisions of section three hundred\nninety-eight of the social welfare law, to accept the surrender of a\nchild, may place out a child for the purpose of adoption in a family not\nresiding within this state. No placement of a child in a family not\nresiding within this state shall be made unless an agreement for such\nplacement shall have been reached between the public welfare official\nmaking such placement and the appropriate welfare or other public\nofficial on a state or local level in the state where the family resides\nwho is authorized by law to supervise children in institutional or\nfoster care homes. Such agreement shall include provision for the\nsupervision of the family and the child during the period preceding a\nfinal adoption.\n (b) A commissioner of public welfare or a city public welfare officer\nauthorized, pursuant to the provisions of section three hundred\nninety-eight of the social welfare law, to place children in family\nhomes, may board out a child in a family not residing within this state.\nNo child may be boarded out in a family not residing within this state\nunless an agreement for such placement shall have been reached between\nthe public welfare official making such placement and the appropriate\nwelfare or other public official on a state or local level in the state\nwhere the family resides who is authorized by law to supervise children\nin institutional or foster care homes. Such agreement shall include\nprovision for the supervision of the family and the child during the\nperiod while the child is boarded out.\n 4. (a) No hospital or lying-in asylum whether incorporated or\nunincorporated where women or girls may be received, cared for or\ntreated during pregnancy or during or after delivery except as\nhereinafter provided and no person licensed to carry on like work under\nthe provisions of article twenty-eight of the public health law shall be\nan authorized agency for placing out or boarding out children or place\nout any child in a foster home whether for adoption or otherwise either\ndirectly or indirectly or as agent or representative of the mother or\nparents of such child.\n (b) Every such hospital and licensed person shall forthwith report to\nthe county or city officer or board charged by law with the care of\ndestitute children away from their homes where such hospital is located\nor where such child is cared for by such licensed person any child\nabandoned or left in the care or custody of such hospital or licensed\nperson provided, however, that no such report except as provided in\nsection three hundred seventy-two shall be required to be made by a\nhospital which is also an authorized agency.\n (c) Such officer or board shall receive a
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