N.Y. Family Court Act § 1092: Definitions

§ 1092. Definitions. When used in this article unless the specific

context indicates otherwise:

(a) "destitute child" shall mean a child under the age of eighteen who

is in a state of want or suffering due to lack of sufficient food,

clothing, shelter, or medical or surgical care and:

(1) does not fit within the definition of an "abused child" or a

"neglected child" as such terms are defined in section one thousand

twelve of this act; and

(2) is without any parent or caretaker available to sufficiently care

for him or her, due to:

(i) the death of a parent or caretaker; or

(ii) the incapacity or debilitation of a parent or caretaker, where

such incapacity or debilitation would prevent such parent or caretaker

from being able to knowingly and voluntarily enter into a written

agreement to transfer the care and custody of said child pursuant to

section three hundred fifty-eight-a or three hundred eighty-four-a of

the social services law; or

(iii) the inability of the commissioner of social services to locate

any parent or caretaker, after making reasonable efforts to do so; or

(iv) a parent or caretaker being physically located outside of the

state of New York and the commissioner of social services is or has been

unable to return the child to such parent or caretaker while or after

making reasonable efforts to do so, unless the lack of such efforts is

or was appropriate under the circumstances.

(b) "parent" shall mean any living biological or adoptive parent of

the child whose rights have not been terminated or surrendered.

(c) "caretaker" shall mean a person or persons, other than a parent of

a child alleged or adjudicated to be a destitute child pursuant to this

article, who possesses a valid, current court order providing him or her

with temporary or permanent guardianship or temporary or permanent

custody of said child.

(d) "permanency hearing" shall mean a hearing in accordance with

article ten-A of this act, as defined in subdivision (k) of section one

thousand twelve of this act.

(e) "commissioner of social services" shall mean the commissioner of

the local department of social services or, in a city having a

population of one million or more, the administration for children's

services.

(f) "Interested adult" shall mean a person or persons over the age of

eighteen, other than a parent or caretaker, who, at the relevant time

resided with and had responsibility for the day-to-day care of a child

alleged or adjudicated to be destitute.