N.Y. Social Services Law § 371: Definitions Unless the context or the subject matter manifestly requires a different interpretation, when used in this article or in any ...

§ 371. Definitions

Unless the context or the subject matter manifestly requires a

different interpretation, when used in this article or in any special

act relating to children,

1. "Child" means a person actually or apparently under the age of

eighteen years;

2. "Abandoned child" means a child under the age of eighteen years who

is abandoned by both parents, or by the parent having its custody, or by

any other person or persons lawfully charged with its care or custody,

in accordance with the definition and other criteria set forth in

subdivision five of section three hundred eighty-four-b;

3. "Destitute child" means:

(a) 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:

(i) 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 the family court act; and

(ii) is without any parent or caretaker as such term is defined in

section one thousand ninety-two of the family court act, available to

sufficiently care for him or her, due to:

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

(B) 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

(C) the inability of the local social services district to locate any

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

(D) the parent or caretaker being physically located outside of the

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

unable to return said 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) a child who is under the age of eighteen years and absent from his

or her legal residence without the consent of his or her parent, legal

guardian or custodian; or

(c) a child under the age of eighteen who is without a place of

shelter where supervision and care are available who is not otherwise

covered under paragraph (a) of this subdivision; or

(d) a person who is a former foster care youth under the age of

twenty-one who was previously placed in the care and custody or custody

and guardianship of the local commissioner of social services or other

officer, board or department authorized to receive children as public

charges, and who was discharged from foster care due to a failure to

consent to continuation in placement, who has returned to foster care

pursuant to section one thousand ninety-one of the family court act.

4-a. "Neglected child" means a child less than eighteen years of age

(i) whose physical, mental or emotional condition has been impaired or

is in imminent danger of becoming impaired as a result of the failure of

his parent or other person legally responsible for his care to exercise

a minimum degree of care

(A) in supplying the child with adequate food, clothing, shelter,

education, medical or surgical care, though financially able to do so or

offered financial or other reasonable means to do so; or

(B) in providing the child with proper supervision or guardianship, by

unreasonably inflicting or allowing to be inflicted harm, or a

substantial risk thereof, including the infliction of excessive corporal

punishment; or by misusing a drug or drugs; or by misusing alcoholic

beverages to the extent that he loses self-control of his actions; or by

any other acts of a similarly serious nature requiring the aid of the

court; provided, however, that where the respondent is voluntarily and

regularly participating in a rehabilitative program, evidence that the

respondent has repeatedly misused a drug or drugs or alcoholic beverages

to the extent that he loses self-control of his actions shall not

establish that the child is a neglected child in the absence of evidence

establishing that the child's physical, mental or emotional condition

has been impaired or is in imminent danger of becoming impaired as set

forth in paragraph (i) of this subdivision; or

(ii) who has been abandoned by his parents or other person legally

responsible for his care.

4-b. "Abused child" means a child less than eighteen years of age

whose parent or other person legally responsible for his care

(i) inflicts or allows to be inflicted upon such child physical injury

by other than accidental means which causes or creates a substantial

risk of death, or serious or protracted disfigurement, or protracted

impairment of physical or emotional health or protracted loss or

impairment of the function of any bodily organ, or

(ii) creates or allows to be created a substantial risk of physical

injury to such child by other than accidental means which would be

likely to cause death or serious or protracted disfigurement, or

protracted impairment of physical or emotional health or protracted loss

or impairment of the function of any bodily organ, or

(iii) commits, or allows to be committed, an act of sexual abuse

against such child as defined in the penal law.

5. "Juvenile delinquent" means a person as defined in section 301.2 of

the family court act.

6. "Person in need of supervision" means a person as defined in

section seven hundred twelve of the family court act.

7. "Dependent child" means a child who is in the custody of, or wholly

or partly maintained by an authorized agency or an institution, society

or other organization of charitable, eleemosynary, correctional, or

reformatory character;

8. "Mentally disabled child" means a child who has a mental disability

as defined in section 1.03 of the mental hygiene law;

9. "Physically handicapped child" means a child who, by reason of a

physical disability or infirmity, whether congenital or acquired by

accident, injury or disease, is or may be expected to be totally or

partially incapacitated for education or for remunerative occupation, as

provided in the education law, or is or may be expected to be

handicapped, as provided in the public health law;

10. "Authorized agency" means

(a) Any agency, association, corporation, institution, society or

other organization which is incorporated or organized under the laws of

this state with corporate power or empowered by law to care for, to

place out or to board out children, which actually has its place of

business or plant in this state and which is approved, visited,

inspected and supervised by the office of children and family services

or which shall submit and consent to the approval, visitation,

inspection and supervision of such office as to any and all acts in

relation to the welfare of children performed or to be performed under

this title; provided, however, that on and after June first, two

thousand seven, such term shall not include any for-profit corporation

or other for-profit entity or organization for the purposes of the

operation, management, supervision or ownership of agency boarding

homes, group homes, homes including family boarding homes of family free

homes, or institutions which are located within this state;

(b) Any court or any social services official of this state authorized

by law to place out or to board out children or any Indian tribe that

has entered into an agreement with the department pursuant to section

thirty-nine of this chapter;

(c) Any agency, association, corporation, institution, society or

other organization which is not incorporated or organized under the laws

of this state, placing out a child for adoption whose admission to the

United States as an eligible orphan with non-quota immigrant status

pursuant to the federal immigration and nationality act is sought for

the purpose of adoption in the State of New York or who has been brought

into the United States with such status and for such purpose, provided,

however, that such agency, association, corporation, institution,

society or other organization is licensed or otherwise authorized by

another state to place out children for adoption, that such agency,

association, corporation, institution, society or other organization is

approved by the department to place out such children with non-quota

immigrant status for adoption in the State of New York, and provided

further, that such agency, association, corporation, institution,

society or other organization complies with the regulations of the

department pertaining to such placements. Notwithstanding any other

provision of law to the contrary, such agency shall be limited in its

functioning as an authorized agency to the placing out and adoption of

such children. This paragraph shall not require the department to

approve any such agency, association, corporation, institution, society

or other organization which is located in a state which is a party to

the interstate compact on the placement of children.

11. "Custody" means custody in pursuance of or in compliance with

expressed provisions of law;

12. "Place out" means to arrange for the free care of a child in a

family other than that of the child's parent, step-parent, grandparent,

brother, sister, uncle, or aunt or legal guardian, for the purpose of

adoption or for the purpose of providing care;

13. "Place" or "commit" includes replace and recommit;

14. "Board out" means to arrange for the care of a child in a family,

other than that of the child's parent, step-parent or legal guardian, to

whom payment is made or agreed to be made for care and maintenance.

15. "Home" includes a family boarding home or a family free home.

16. agency boarding home shall mean a family-type home for children

and/or for minors operated by an authorized agency, in quarters or

premises owned, leased or otherwise under the control of such agency,

for the purpose of providing care and maintenance therein for children

or minors under the care of such agency.

17. "Group home" shall mean a facility for the care and maintenance of

not less than seven, nor more than twelve children, who are at least

five years of age, operated by an authorized agency except that such

minimum age shall not be applicable to siblings placed in the same

facility nor to children whose mother is placed in the same facility.

18. "Public institution for children" shall mean an institution which

is established and maintained by a public welfare district for the

purpose of providing care and maintenance therein for children and

minors for whose care such district is responsible and who require care

away from their own homes.

19. "Foster parent" shall mean any person with whom a child, in the

care, custody or guardianship of an authorized agency, is placed for

temporary or long-term care, and "foster child" shall mean any person,

in the care, custody or guardianship of an authorized agency, who is

placed for temporary or long-term care.

20. "Therapeutic foster parent" means a foster parent who is certified

or licensed pursuant to section three hundred seventy-five or section

three hundred seventy-six of this article, or otherwise approved and who

has successfully completed a training program developed by professionals

experienced in treating children who exhibit high levels of disturbed

behavior, emotional disturbance or physical or health needs. For any

such child placed in their care, such parent shall assist in the

implementation of the therapeutic treatment portion of the family

service plan required by section four hundred nine-e of this article.

21. "Supervised independent living program" shall mean one or more of

a type of agency boarding home operated and certified by an authorized

agency in accordance with the regulations of the office of children and

family services to provide a transitional experience for older youth

who, based upon their circumstances, are appropriate for transition to

the level of care and supervision provided in the program. Each

supervised independent living unit shall be located in the community

separate from any of the agency's other congregate dwellings.

* 22. "Supervised setting" shall mean a residential placement in the

community approved and supervised by an authorized agency or the local

social services district in accordance with the regulations of the

office of children and family services to provide a transitional

experience for older youth in which such youth may live independently. A

supervised setting includes, but is not limited to, placement in a

supervised independent living program, as defined in subdivision

twenty-one of this section.

* NB There are 2 sb 22's

* 22. "Kinship caregiver" means a relative or non-relative who is

acting as a parent and who:

(a) is related to the child through blood, marriage or adoption;

(b) is related to a half-sibling of the child through blood, marriage

or adoption; or

(c) is an adult with a positive prior relationship with the child, a

half-sibling of the child or the child's parent, including, but not

limited to, a step-parent, godparent, neighbor or family friend.

* NB There are 2 sb 22's