N.Y. Social Services Law § 451: Definitions

§ 451. Definitions. As used in this title:

1. "Child" shall mean a person under the age of twenty-one years whose

guardianship and custody have been committed to a social services

official or a voluntary authorized agency, or whose guardianship and

custody have been committed to a certified or approved foster parent

pursuant to a court order prior to such person's eighteenth birthday,

except as provided in paragraph (g) of subdivision three of section

three hundred eighty-four-b of this article and section six hundred

thirty-one of the family court act. A "child" shall also mean a person

under the age of twenty-one years whose care and custody have been

transferred prior to such person's eighteenth birthday to a social

services official or a voluntary authorized agency pursuant to section

one thousand fifty-five of the family court act or section three hundred

eighty-four-a of this article, whose parents are deceased or where one

parent is deceased and the other parent is not a person entitled to

notice pursuant to section one hundred eleven-a of the domestic

relations law, and where such official or agency consents to the

adoption of such person in accordance with section one hundred thirteen

of the domestic relations law.

2. "Handicapped child" shall mean a child who possesses a specific

physical, mental or emotional condition or disability of such severity

or kind which, in accordance with regulations of the department, would

constitute a significant obstacle to the child's adoption.

3. "Hard to place child" shall mean a child, other than a handicapped

child, (a) who has not been placed for adoption within six months from

the date his guardianship and custody were committed to the social

services official or a voluntary authorized agency, or (b) who has not

been placed for adoption within six months from the date a previous

adoption placement terminated and the child was returned to the care of

the social services official or a voluntary authorized agency, or (c)

who possesses or presents any personal or familial attribute, condition,

problem or characteristic which, in accordance with regulations of the

department, would be an obstacle to the child's adoption,

notwithstanding the child has been in the guardianship and custody of

the social services official or a voluntary authorized agency for less

than six months.

4. (a) "Board rate" shall mean an amount equal to the monthly payment

which has been or would have been made by a social services official, in

accordance with section three hundred ninety-eight-a and other

provisions of this chapter, for the care and maintenance of the child,

if such child had been boarded out in a foster family boarding home.

Such rate shall reflect annual increases in room and board rates and

clothing replacement allowances.

(b) When a child is placed for adoption by a social services official

or a voluntary authorized agency with adoptive parents residing in

another social services district, the "board rate" shall mean the board

rate of the social services district placing the child for adoption or

the social services district in which the adoptive parents reside.

5. "Persons" shall include a single person eligible to adopt a child

as well as a couple eligible therefor.

6. "Voluntary authorized agency" shall mean an authorized agency as

defined in paragraphs (a) and (c) of subdivision ten of section three

hundred seventy-one of this article.

7. "Social services official" shall mean a county commissioner of

social services, a city commissioner of social services, or an Indian

tribe with which the department has entered into an agreement to provide

adoption services in accordance with subdivision two of section

thirty-nine of this chapter.