N.Y. Social Services Law § 412: General definitions

§ 412. General definitions. When used in this title and unless the

specific context indicates otherwise:

1. An "abused child" means a child under eighteen years of age and who

is defined as an abused child by the family court act;

2. A "maltreated child" includes a child under eighteen years of age:

(a) defined as a neglected child by the family court act, or

(b) who has had serious physical injury inflicted upon him or her by

other than accidental means;

3. "Person legally responsible" for a child means a person legally

responsible as defined by the family court act;

4. "Subject of the report" means any parent of, guardian of, or other

person eighteen years of age or older legally responsible for, as

defined in subdivision (g) of section one thousand twelve of the family

court act, a child reported to the statewide central register of child

abuse and maltreatment who is allegedly responsible for causing injury,

abuse or maltreatment to such child or who allegedly allows such injury,

abuse or maltreatment to be inflicted on such child; or a director or an

operator of, or employee or volunteer in, a home operated or supervised

by an authorized agency, the office of children and family services, or

in a family day-care home, a day-care center, a group family day care

home, a school-age child care program or a day-services program who is

allegedly responsible for causing injury, abuse or maltreatment to a

child who is reported to the statewide central register of child abuse

or maltreatment or who allegedly allows such injury, abuse or

maltreatment to be inflicted on such child;

5. "Other persons named in the report" shall mean and be limited to

the following persons who are named in a report of child abuse or

maltreatment other than the subject of the report: the child who is

reported to the statewide central register of child abuse and

maltreatment; and such child's parent, guardian, or other person legally

responsible for the child who has not been named in the report as

allegedly responsible for causing injury, abuse or maltreatment to the

child or as allegedly allowing such injury, abuse or maltreatment to be

inflicted on such child;

6. An "unfounded report" means any report made pursuant to this title

unless an investigation: (i) commenced on or before December

thirty-first, two thousand twenty-one determines that some credible

evidence of the alleged abuse or maltreatment exists; or (ii) commenced

on or after January first, two thousand twenty-two determines that a

fair preponderance of the evidence of the alleged abuse or maltreatment

exists;

7. An "indicated report" means a report made pursuant to this title if

an investigation: (i) commenced on or before December thirty-first, two

thousand twenty-one determines that some credible evidence of the

alleged abuse or maltreatment exists; or (ii) commenced on or after

January first, two thousand twenty-two determines that a fair

preponderance of the evidence of the alleged abuse or maltreatment

exists;

8. "Substance abuse counselor" or "alcoholism counselor" means any

person who has been issued a credential therefor by the office of

alcoholism and substance abuse services, pursuant to paragraphs one and

two of subdivision (d) of section 19.07 of the mental hygiene law.

9. A "publicly-funded emergency shelter for families with children"

means any facility with overnight sleeping accommodations and that is

used to house recipients of temporary housing assistance and which

houses or may house children and families with children.