N.Y. Social Services Law § 458-a: Definitions

§ 458-a. Definitions. As used in this title:

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

custody, care and custody, or custody and guardianship have been

committed to a social services official prior to such person's

eighteenth birthday pursuant to section three hundred fifty-eight-a,

three hundred eighty-three-c, three hundred eighty-four, three hundred

eighty-four-a or three hundred eighty-four-b of this chapter or article

three, seven, ten or 10-C of the family court act.

2. "Applicable board rate" shall mean an amount equal to the monthly

payment that has been made by a social services official, in accordance

with section three hundred ninety-eight-a of this article and other

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

while such child was boarded out in the approved or certified foster

family boarding home with the prospective relative guardian. Such rate

shall reflect annual changes in room and board rates and clothing

replacement allowances.

3. "Prospective relative guardian" shall mean a person who has been

caring for the child as a fully certified or approved foster parent for

at least six consecutive months prior to applying for kinship

guardianship assistance payments and who:

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

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

or adoption and where such person or persons is or are also the

prospective or appointed relative guardian or guardians of such

half-sibling; or

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

including, but not limited to, a step-parent, godparent, neighbor or

family friend.

4. "Relative guardian" shall mean a person or persons who was

appointed, as a guardian or permanent guardian for a child after

entering into an agreement with a social services official for the

receipt of payments and services in accordance with this title.

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

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

tribe with which the office of children and family services has entered

into an agreement to provide foster care services in accordance with

subdivision two of section thirty-nine of this chapter.

6. "Successor guardian" shall mean a person or persons that is

approved by a local social services district to receive payments

pursuant to this title in accordance with subparagraph (ii) of paragraph

(b) of subdivision five of section four hundred fifty-eight-b of this

title and that has been named in the agreement in effect between the

relative guardian and social services official for kinship guardianship

assistance payments pursuant to this title who shall provide care and

guardianship for a child in the event of death or incapacity of the

relative guardian, as set forth in section four hundred fifty-eight-b of

this title, who has assumed care for and is the guardian or permanent

guardian of such child, provided that such person was appointed guardian

or permanent guardian of such child by the court following, or due to,

the death or incapacity of the relative guardian. Once approved in

accordance with subparagraph (ii) of paragraph (b) of section four

hundred fifty-eight-b of this title, a successor guardian shall be

deemed to have the same rights and responsibilities as a relative

guardian in relation to any provisions of this title and any agreement

entered into under this title.

7. "Prospective successor guardian" shall mean a person or persons

whom a prospective relative guardian or a relative guardian seeks to

name or names in the original kinship guardianship assistance agreement,

or any amendment thereto, as set forth in section four hundred

fifty-eight-b of this title, as the person or persons to provide care

and guardianship for a child in the event of the death or incapacity of

a relative guardian, who has not been approved in accordance with

subparagraph (ii) of paragraph (b) of subdivision five of section four

hundred fifty-eight-b of this title.

8. "Incapacity" shall mean a substantial inability to care for a child

as a result of: (a) a physically debilitating illness, disease or

injury; or (b) a mental impairment that results in a substantial

inability to understand the nature and consequences of decisions

concerning the care of a child.