N.Y. Family Court Act § 712: Definitions

§ 712. Definitions. As used in this article, the following terms shall

have the following meanings:

(a) "Person in need of supervision". A person less than eighteen years

of age: (i) who does not attend school in accordance with the provisions

of part one of article sixty-five of the education law; (ii) who is

ungovernable or habitually disobedient and beyond the lawful control of

a parent or other person legally responsible for such child's care, or

other lawful authority; (iii) who violates the provisions of section

230.00 of the penal law; (iv) or who appears to be a sexually exploited

child as defined in paragraph (a), (c) or (d) of subdivision one of

section four hundred forty-seven-a of the social services law, but only

if the child consents to the filing of a petition under this article.

(b) "Pre-dispositional placement". The temporary care and maintenance

of children away from their own homes pursuant to section seven hundred

twenty of this article.

(c) "Fact-finding hearing". A hearing to determine whether the

respondent did the acts alleged to show that he or she violated a law or

is ungovernable or habitually disobedient and beyond the control of his

or her parents, guardian or legal custodian.

(d) "Dispositional hearing". A hearing to determine whether the

respondent requires supervision or treatment.

(e) "Aggravated circumstances". Aggravated circumstances shall have

the same meaning as the definition of such term in subdivision (j) of

section one thousand twelve of this act.

(f) "Permanency hearing". A hearing held in accordance with paragraph

(b) of subdivision two of section seven hundred fifty-four or section

seven hundred fifty-six-a of this article for the purpose of reviewing

the foster care status of the respondent and the appropriateness of the

permanency plan developed by the social services official on behalf of

such respondent.

(g) "Diversion services". Services provided to children and families

pursuant to section seven hundred thirty-five of this article for the

purpose of avoiding the need to file a petition or direct the

pre-dispositional placement of the child. Diversion services shall

include: efforts to adjust cases pursuant to this article before a

petition is filed, or by order of the court, after the petition is filed

but before fact-finding is commenced; and preventive services provided

in accordance with section four hundred nine-a of the social services

law to avert the placement of the child, including crisis intervention

and respite services. Diversion services may also include, in cases

where any person is seeking to file a petition that alleges that the

child has a substance use disorder or is in need of immediate

detoxification or substance use disorder services, an assessment for

substance use disorder; provided, however, that notwithstanding any

other provision of law to the contrary, the designated lead agency shall

not be required to pay for all or any portion of the costs of such

assessment or substance use disorder or detoxification services, except

in cases where medical assistance for needy persons may be used to pay

for all or any portion of the costs of such assessment or services.

(h) "Substance use disorder". The misuse of, dependence on, or

addiction to alcohol and/or legal or illegal drugs leading to effects

that are detrimental to the person's physical and mental health or the

welfare of others.

(i) "Assessment for substance use disorder". Assessment by a provider

that has been certified by the office of alcoholism and substance abuse

services of a person less than eighteen years of age where it is alleged

that the youth is suffering from a substance use disorder which could

make a youth a danger to himself or herself or others.

(j) "A substance use disorder which could make a youth a danger to

himself or herself or others". A substance use disorder that is

accompanied by the dependence on, or the repeated use or abuse of, drugs

or alcohol to the point of intoxication such that the person is in need

of immediate detoxification or other substance use disorder services.

(k) "Substance use disorder services". Substance use disorder services

shall have the same meaning as provided for in section 1.03 of the

mental hygiene law.