N.Y. Fam. Ct. Act § 741-a

§ 741-a. Notice and right to be heard. The foster parent caring for\nthe child or any pre-adoptive parent or relative providing care for the\nrespondent shall be provided with notice of any permanency hearing held\npursuant to this article by the social services official. Such foster\nparent, pre-adoptive parent or relative shall have the right to be heard\nat any such hearing; provided, however, no such foster parent,\npre-adoptive parent or relative shall be construed to be a party to the\nhearing solely on the basis of such notice and right to be heard. The\nfailure of the foster parent, pre-adoptive parent, or relative caring\nfor the child to appear at a permanency hearing shall constitute a\nwaiver of the right to be heard and such failure to appear shall not\ncause a delay of the permanency hearing nor shall such failure to appear\nbe a ground for the invalidation of any order issued by the court\npursuant to this section.\n